STATE OF NEW YORK ________________________________________________________________________ 634 2017-2018 Regular Sessions IN SENATE January 4, 2017 ___________ Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the public officers law and the state technology law, in relation to establishing the open data law The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public officers law is amended by adding a new article 2 6-B to read as follows: 3 ARTICLE 6-B 4 OPEN DATA LAW 5 Section 99-a. Short title. 6 99-b. Definitions. 7 99-c. Open data website. 8 99-d. Data working group. 9 99-e. Publication of data. 10 99-f. Participation by other state entities and political subdi- 11 visions. 12 99-g. Guidelines. 13 99-h. Reporting requirements. 14 99-i. Severability. 15 § 99-a. Short title. This article shall be known and may be cited as 16 the "open data law". 17 § 99-b. Definitions. As used in this article, the following terms 18 shall have the following meanings: 19 1. "Covered state entity" shall mean any state department, board, 20 bureau, division, commission, committee, public authority, public corpo- 21 ration, council, office or other governmental entity performing a 22 governmental or proprietary function for the state except the judiciary 23 or the state legislature. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03903-01-7

S. 634 2 1 2. "Data" shall mean final versions of statistical or factual informa- 2 tion that: 3 (a) are in alphanumeric form reflected in a list, table, graph, chart 4 or other non-narrative form, that can be digitally transmitted or proc- 5 essed; 6 (b) are regularly created or maintained by or on behalf of a covered 7 state entity and are controlled by such entity; and 8 (c) record a measurement, transaction or determination related to the 9 mission of the covered state entity. 10 The term "data" shall not include image files, such as designs, draw- 11 ings, and photos or scanned copies of original documents; provided, 12 however, that the term "data" shall include statistical or factual 13 information about image files and geographic information system data. 14 3. "Data set" shall mean a named collection of related records main- 15 tained on a storage device, with the collection containing data organ- 16 ized or formatted in a specific or prescribed way, often in tabular 17 form. 18 4. "Publishable state data" shall mean a comprehensive collection of 19 interrelated data that is available for inspection by the public in 20 accordance with any provision of law and is maintained on a computer 21 system by, or on behalf of, a covered state entity. Such term shall not 22 be publishable state data if making such data available on the open data 23 website would violate statute or regulation, endanger the public health, 24 safety or welfare, interfere with a criminal or civil investigation or 25 impose an undue financial, operational, or administrative burden on a 26 covered state entity or the state. Such term shall also not include: 27 (a) any portion of data to which a covered state entity may deny 28 access pursuant to article six or six-A of this chapter or any other 29 federal or state law, rule or regulation; 30 (b) any data set that contains a significant amount of data to which a 31 covered state entity may deny access pursuant to article six or six-A of 32 this chapter or any other provision of a federal or state law, and where 33 removing such data would impose undue financial or administrative 34 burden; 35 (c) data that reflects the internal deliberative process of a covered 36 state entity including but not limited to negotiating positions, future 37 procurements, or pending or reasonably anticipated legal or administra- 38 tive proceedings; 39 (d) data stored on a covered state entity-owned personal computing 40 device, or data stored on a portion of a network that has been exclu- 41 sively assigned to a single covered state entity employee or a single 42 covered state entity owned or controlled computing device; 43 (e) materials that have been subject to copyright, patent, trademark, 44 confidentiality agreements or trade secret protection; 45 (f) proprietary applications, computer code, software, operating 46 systems or similar materials; or 47 (g) employment records, internal employee-related directories or 48 lists, and facilities data, information technology, internal service- 49 desk and other data related to internal covered state entity adminis- 50 tration. 51 5. "Technical standard" shall mean: 52 (a) the common and repeated use of rules, conditions, guidelines or 53 characteristics for products or related processes and production meth- 54 ods, and related management systems practices; and 55 (b) (i) the definition of terms; (ii) classification of components; 56 (iii) delineation of procedures; (iv) specifications of dimensions,

S. 634 3 1 materials, performance, designs or operations; (v) measurement of quali- 2 ty and quantity in describing materials, processes, products, systems, 3 services or practices; (vi) test methods and sampling procedures; or 4 (vii) descriptions of fit and measurements of size or strength. 5 § 99-c. Open data website. 1. An online open data website for the 6 collection and public dissemination of publishable state data is hereby 7 established in the office of information technology services. The open 8 data website shall be maintained at data.ny.gov or such other successor 9 website maintained by, or on behalf of, the state, as deemed appropriate 10 by the office of information technology services. The open data website 11 will provide access to publishable state data that is owned, controlled, 12 collected or otherwise maintained by covered state entities. 13 2. (a) The office of information technology services, in coordination 14 with the committee for open government, and the data working group shall 15 coordinate implementation and expansion of the open data website to 16 facilitate the sharing of information. 17 (b) Within sixty days after the effective date of this article, each 18 covered state entity shall designate a data coordinator, who shall have 19 authority to make decisions or otherwise bind a covered state entity, 20 have knowledge of data and resources in use by the entity, and shall be 21 responsible for that covered state entity's compliance with this arti- 22 cle. 23 § 99-d. Data working group. Within forty-five days after the effective 24 date of this article, the office of information technology services 25 shall establish a data working group made up of representatives from the 26 office of information technology services and the information security 27 division of the office of information technology services, the office of 28 general services, the division of budget, the committee on open govern- 29 ment, a representative from the department of state with expertise in 30 local governments and at least eight but no more than twelve data coor- 31 dinators who shall represent an appropriate cross-section of covered 32 state entities. Such data coordinators shall be chosen by the represen- 33 tative of the office of information technology services. The data work- 34 ing group shall assist the office of information technology services in 35 carrying out its duties under this article. 36 § 99-e. Publication of data. 1. All covered state entities shall make 37 their publishable state data available on the open data website as 38 follows: 39 (a) Within one year of the effective date of this article and there- 40 after, all publishable state data shall be accessible on the open data 41 website. If a covered state entity cannot make all such publishable 42 state data available on the open data website pursuant to this article, 43 the covered state entity shall report to the office of information tech- 44 nology services which publishable state data that it is unable to make 45 available, the reasons why it cannot do so and the date by which the 46 covered state entity expects that such publishable state data will be 47 available on the open data website. 48 (b) Such publishable state data shall be made available pursuant to 49 this article and shall be in a format that permits automated processing 50 and shall make use of appropriate technology to notify the public of all 51 updates. 52 (c) Such publishable state data shall be updated as often as is neces- 53 sary to preserve the integrity and usefulness of the data sets to the 54 extent that the covered state entity regularly maintains or updates the 55 publishable state data and the public shall be notified of such updates.

S. 634 4 1 (d) Such publishable state data shall be made available without any 2 registration requirement, license requirement or restrictions on their 3 use provided that the department may require a third party providing to 4 the public any publishable state data, or application utilizing such 5 publishable state data, to explicitly identify the source and version of 6 the publishable state data, and a description of any modifications made 7 to such publishable state data. Registration requirements, license 8 requirements or restrictions as used in this section shall not include 9 measures required to ensure access to publishable state data, to protect 10 the open data website housing publishable state data from unlawful abuse 11 or attempts to damage or impair use of the website, or to analyze the 12 types of data being used to improve service delivery. 13 (e) Such publishable state data shall be accessible to external search 14 capabilities. 15 2. (a) Publishable state data made available pursuant to this article 16 is provided for informational purposes. The state does not warranty the 17 completeness, accuracy, content or fitness for any particular purpose or 18 use of any publishable state data made available on the open data 19 website, nor are any such warranties to be implied or inferred with 20 respect to the publishable state data furnished therein. 21 (b) The state shall not be liable for any deficiencies in the 22 completeness, accuracy, content or fitness for any particular purpose or 23 use of any publishable state data, or application utilizing such publ- 24 ishable state data, provided by any third party. 25 (c) This article shall not be construed to create a private right of 26 action to enforce its provisions. Failure to comply with this article 27 shall not result in liability to a covered state entity. 28 § 99-f. Participation by other state entities and political subdivi- 29 sions. State agencies and authorities and political subdivisions of the 30 state other than covered state entities may submit data to the open data 31 website for publication in accordance with this article. The office of 32 information technology services shall assist such agencies and authori- 33 ties and such political subdivisions to use the open data website. Such 34 assistance shall include, but not be limited to, technical assistance, 35 and accommodations shall be made for variations among such agencies and 36 authorities and such political subdivisions' capacity and equipment. 37 Nothing in this section shall be construed to compel such agencies and 38 authorities and such political subdivisions to submit data to the open 39 data website. 40 § 99-g. Guidelines. Within one hundred eighty days of the effective 41 date of this article, the office of information technology services, in 42 consultation with the data working group, and the committee on open 43 government, shall prepare and publish guidelines for the publishing of 44 publishable state data in raw or unprocessed form through an open data 45 website by covered state entities for the purpose of making public data 46 available to the greatest number of users and for the greatest number of 47 applications and shall, whenever practicable, use open standards for web 48 publishing. Such guidelines shall identify the reasons why each techni- 49 cal standard was selected and for which types of data it is applicable 50 and may recommend or require that data be published in more than one 51 technical standard. The guidelines shall include a plan to adopt or 52 utilize a web application programming interface that permits application 53 programs to request and receive publishable state data directly from the 54 web portal. Such guidelines shall be updated as necessary. Such guide- 55 lines shall also:

S. 634 5 1 (a) provide models and guidance for covered state entities to follow 2 when creating their data sets; 3 (b) provide guidance to covered state entities on setting a schedule 4 for initial and ongoing publication of data on the open data website 5 including but not limited to requiring: 6 (i) consultation with the directors and staff of the covered state 7 entity's public affairs or public information, legal and freedom of 8 information law offices; 9 (ii) prioritization of publication of data based on the extent to 10 which the data can be used to increase the covered state entity's 11 accountability and responsiveness, improve public knowledge of the enti- 12 ty and its operations, further the mission of the entity, create econom- 13 ic opportunity, or respond to a need or demand identified after public 14 consultation; 15 (c) provide guidelines for identifying and reviewing publishable state 16 data by covered state entities before publication; 17 (d) provide uniform standards for the format of data submitted for 18 publication on the open data website; 19 (e) set forth the open data website terms of use; 20 (f) provide guidelines on participation by agencies and authorities 21 other than covered state entities and participation by political subdi- 22 visions; 23 (g) provide guidance on the publication of narrative data, such as 24 reports; and 25 (h) any other guidelines necessary for the implementation of this 26 article. 27 § 99-h. Reporting requirements. 1. Within eighteen months of the 28 effective date of this article, the office of information technology 29 services shall submit a compliance plan to the governor, the temporary 30 president of the senate and the speaker of the assembly and shall make 31 such plan available to the public on the open data website. Each 32 covered state entity shall cooperate with the office of information 33 technology services in its preparation of such plan. The plan shall 34 include a summary description of publishable state data under the 35 control of each covered state entity on or after the effective date of 36 this article, and shall prioritize such publishable state data for 37 inclusion on the open data website. If publishable state data cannot be 38 made available on the open data website on or before December thirty- 39 first, two thousand nineteen, the plan shall state the reasons why such 40 set or sets of data cannot be made available, and, to the extent practi- 41 cable, the date by which the covered state entity that owns the data 42 believes that it will be available on the open data website. 43 (2) For purposes of prioritizing publishable state data, agencies 44 shall consider whether information embodied in the publishable state 45 data: (a) can be used to increase covered state entities' accountability 46 and responsiveness; (b) improves public knowledge of the covered state 47 entity and its operations; (c) furthers the mission of the covered state 48 entity; (d) creates economic opportunity; or (e) responds to a need or 49 demand identified by public consultation. 50 (3) No later than July fifteenth, two thousand nineteen and every July 51 fifteenth thereafter, the office of information technology services 52 shall submit and post on the web portal an update of the compliance plan 53 to the governor, the temporary president of the senate and the speaker 54 of the assembly until all publishable state data has been made available 55 through an open data website in compliance with this article. Such 56 update shall include the specific measures undertaken to make publisha-

S. 634 6 1 ble state data available on the open data website since the immediately 2 preceding update, specific measures that will be undertaken prior to the 3 next update, an update to the list of publishable state data and, if 4 necessary, any changes to the prioritization of publishable state data. 5 If publishable state data cannot be made available on the open data 6 website on or before December thirty-first, two thousand twenty-two, the 7 update shall state the reasons why it cannot and, to the extent practi- 8 cable, the date by which the covered state entity believes that such 9 publishable state data will be available on the open data website. 10 § 99-i. Severability. If any provision of this article or the applica- 11 tion thereof to any person or circumstances is adjudged invalid by a 12 court of competent jurisdiction, such judgment shall not affect or 13 impair the validity of the other provisions of the article or the appli- 14 cation thereof to other persons and circumstances. 15 § 2. Section 103 of the state technology law is amended by adding a 16 new subdivision 22 to read as follows: 17 22. To create and maintain the open data website and carry out the 18 duties pursuant to article six-B of the public officers law. 19 § 3. This act shall take effect on the ninetieth day after it shall 20 have become a law.

Establishes the open data law

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