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Tag Archive: open data policy

Oakland’s Public Participation Route to Open Data Legislation

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Steve Spiker and Eddie Tejeda (open data policy organizers) sharing OpenOakland’s work at East Bay Mini Maker Faire. Oakland passed an open data law earlier this month (October 15, 2013) that was generated by the people and for the people. Open Oakland captain Steve Spiker (Spike) gathered the Open Oakland and broader open government community to draft and chat the best open data policy for Oakland. Spike and Open Oakland, in addition to garnering support for the open data policy, cultivated the policy from start to finish through drafting, public comments, a call to experts, and [teleconferenced] public meetings. Open Oakland serves as an excellent example of the community's role in generating open data policy, and their public input process is an exemplar route to  incorporating public perspectives into policy. The Sunlight Foundation's Guideline to incorporating public perspective into policy implementation reads as follows:

Implementing the details of an open data policy will benefit from public participation. Open data policies not only have effects government-wide, which will require consideration, but also have consequences for a variety of stakeholder groups outside of the government. Allowing these groups to participate in the decision-making process (and make real contributions) can have great benefits for policy creation and execution. Stakeholders and experts can bring to the table valuable new perspectives that highlight challenges or opportunities that might not otherwise be obvious. Formal mechanisms for collaboration can include hearings, draft proposals open for public comment and contribution, and online resources like wikis and email lists.
Below we have outlined Oakland's public input process and how it is part of a growing trend to openly include community perspective, desires, and concerns into open data policy.

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Boilerplate Open Data Policy and Why It’s a Problem

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In preparation for the revamping of our Open Data Policy Guidelines, we reviewed all twenty-three  of the current local (city, county and state) open data policies on the books since their debut in 2006. These “open data policies” ranged in form from government administrative memos ordering the release of “high-value” datasets to legislation calling for open data policy planning to the newest member of the open data policy family, South Bend, Indiana’s executive order. Our main takeaway: There has been a lot of copying and pasting amongst policies, confusion on common open data terminology, and missed opportunities for information disclosure, but best practices are emerging.

Copying and pasting boilerplate legislative language is as old as law itself. In fact, legal precedent is built on throwbacks, edits, and remixes. The modern day copying and pasting feature has served as a technological blessing in legal matters that require a high level of repetition, such as producing demand letters for common legal claims, or, for one of Sunlight’s favorite exercises of individual rights, completing a public records or freedom of information request. However, when copying and pasting enters more nuanced areas of law, such as contract or legislation drafting, significant complications can arise. Without the proper edits or engaged collaborative thinking required in policy drafting, the ever tempting copy/paste model falls short. Below we explore just how borrowed open data legislative language thus far has been and examples of where it’s been the least helpful.

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New Louisville Open Data Policy Insists Open By Default is the Future

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On Tuesday, October 15, 2013, Louisville Mayor Greg Fischer announced the signing of an open data policy executive order in conjunction with his compelling talk at the 2013 Code for America Summit. In nonchalant cadence, the mayor announced his support for complete information disclosure by declaring, "It's data, man." What's more is this was one of three open data policies signed into law over the last week, the others being California’s West Sacramento and Oakland policies. (For the complete view, see our map of growing policies here.)

The Louisville policy is unique in that hits many of the Sunlight Foundation's Open Data Policy Guidelines rarely touched upon by others, including a strong "open by default" provision, and, like South Bend, IN, roots its basis for affecting the transparency of information disclosure firmly in legal precedent, in this case, the Kentucky Open Meetings and Open Records Act. Doing so further empowers it's "open by default" status. The Louisville policy also provides a clear series of checks and balances to insure information is disclosed by calling for (1) the creation of a comprehensive inventory supported by the letter of the law itself (which we have only seen in the 2013 U.S. federal policy thus far — and which has not yet been implemented), (2) a yearly open data report, and (3) built-in review of the policy itself for the ever-changing information and technology landscape ahead. We have broken out the significance and mechanics of Louisville's policy that support information disclosure further below.

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NYC’s Plan to Release All-ish of Their Data

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nycdata

On Monday, September 23rd, New York City released a plan to, as Government Technology put, open “all” its data. Pursuant to section two of Local Law 11 of 2012 (§23-506 of the Administrative Code of the City of New York) — also known as NYC’s Open Data Policy — the long awaited agency compliance plan does complete the monolithic task of  listing all NYC agency public datasets, with scheduled release times of no later than the end of 2018, but there are ways it could have been more inclusive and comprehensive.

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Reasons (Not) to Release Data

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Earlier this year, Sunlight was issued a challenge: Collect and refute the most common reasons not to release data. As many open access advocates, journalists, and government employees themselves will tell you, there are a variety of "no's" given when the question of data disclosure arises. Many are predictable, some are political, some personal, many practical, and all deserving of attention. Pioneers looking to move their government toward exploring and advancing information release have already come up with rebuttals to many of these refusals, but the collective knowledge is hard to share, usually trapped in email groups, discussion boards, blogs, and the memories and experiences of individuals. So, we're going to meet our challenge with an experiment.

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South Bend, Indiana Signs Open Data Policy

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SouthBend

On Thursday, August 22nd, South Bend, Indiana became the 15th municipality (and, with a population of roughly 101,000, the smallest!) in the US to sign an open data policy into law. Executive Order No. 2-2013, enacted by Mayor Pete Buttigieg, was largely crafted to introduce a new transparency website, data.southbendin.gov, as a platform for publishing public information -- a fairly common motive for cities making this kind of policy. What’s uncommon about South Bend is not just its size, but the fact that their new policy firmly grounds “open data” in the state’s public records law.

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Announcing the Open Data Policy Guidelines, Version 2.0

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As more communities recognize the power and possibilities of sharing public data online, there is an increasing need to articulate what it means to open data -- and how to create policies that can not only support these efforts, but do so in a sustainable and ambitious way. To this end, we are releasing the second version of Sunlight’s Open Data Policy Guidelines. Originally authored last summer and informed by the great work of our peers and allies, the Guidelines are a living document created to help define the landscape of what open data policies can and should do. For this latest version, we’ve reordered and slightly rephrased the Guidelines’ 32 provisions for clarity. We’ve also grouped them into three categories as a way of demonstrating that open data policies can define What Data Should Be Public, How to Make Data Public and How to Implement Policy.

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From Unconference Session to Open Data Policy

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Here at Sunlight, we embrace the idea that brilliant work can grow from seeds sown during organically constructed, discussion-driven sessions -- the foundation of any unconference. Our own unconference, TransparencyCamp, has itself yielded the creation of the Brazilian civic hacking group Transparência Hackers  and CityCamp, and has served for the launch pad for Waldo Jaquith’s OpenVA, a hub for new data and APIs for Virginia, AbreLatAm, an open data unconference in Uruguay, and even inspiration for Josh Tauberer’s “Open Data is Civic Capital: Best Practices for ‘Open Government Data'”.

But what happens when the seed you are trying to plant is legislative change? How do open government unconference attendees (a mix of engaged residents, city officials, and other civic players) help make a legislative seedling grow? What next steps should be taken? Moreover, how can engaged citizens help to promote open data?

We've been thinking about these questions since Alisha Green and Rebecca Williams of Sunlight’s municipal team and Open States lead, James Turk, had the opportunity to sit in on an open data policy brainstorming discussion at CityCampNC in Raleigh, North Carolina, lead by open government guru and Code for America brigade captain, Jason Hibbets, and Raleigh Open Data Manager, Jason Hare. The “Statewide Open Data Policy” session was a popular and well attended one, and took place in every unconference’s coveted spot: the big room. Attendees included software developers, government staff members, members of local civic organizations, and civic hackers. It was a pleasure to see a session focused on open data policy-making because not only would the creation of such a policy directly support the work done at unconferences like CityCampNC, but because such a policy would have the chance to be made stronger by having so many of Raleigh’s relevant open data stakeholders assembled in one place at the same time. Below, we explore some of the strongest takeaways and lessons learned from approaching policy making in an unconference (or similar) setting.

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