G’ Day,
Perhaps you have seen this (below): the Sierra Club won a decision against Orange County, CA that public GIS data should be free or cost only what it would take to copy the data. It is a critical decision for many small GIS shops that would be out of business if they had to pay much for the outstanding wealth of publicly available data.
The judges’ decision was unanimous and pointedly states that in a democracy, government should be transparent (i.e. access to files) and accountable.
My speculation only: did Whistle blower Edward Snowden’s actions influence this statement or just remind everyone?
-Sam
————/\^———-
Sandra “Sam” Litschert PhD
Earth Systems Institute
Mount Shasta / Seattle / Fort Collins
http://earthsystems.net/
http://netmaptools.org/
sam@earthsystems.net
———- Forwarded message ———-
From: Bruce Joffe <GIS.Consultants@joffes.com>
Date: Tue, Jul 9, 2013 at 8:22 AM
Subject: Victory For Public Access to Government Data
7-9-13
Dear Colleague,
Interpreting the California Public Records Act in light of California’s Constitution, the California Supreme Court affirmed the public’s right of access to government information in the same format that it is used by government agencies. The unanimous decision of all seven Justices explained, “Openness in government is essential to the functioning of a democracy. Implicit in the democratic process is the notion that government should be accountable for its actions. In order to verify accountability, individuals must have access to government files.”
It has been over four years (51 months) since the Sierra Club filed suit against Orange County for access to its GIS-formatted parcel basemap database (“OC Landbase”) under the Public Records Act, which precludes having to pay the County’s price ($475,000) nor having to sign a licensing agreement restricting use or distribution of the County’s data. A year after filing, however, the Superior Court decided in favor of Orange County, agreeing with the County’s position that its OC Landbase was excluded from disclosure as “computer mapping system” software. Sierra Club appealed, but 14 months later, the Court of Appeal found the statutory language ambiguous, and supported the County’s position that GIS-formatted files fall within the meaning of “computer mapping system.”
The Sierra Club appealed to the California Supreme Court, which agreed to hear the case 3 months later. After another 22 months, the Supreme Court decided: the lower courts got it wrong. The Court decision says, “We believe the public records exemption for ‘computer software’ (§ 6254.9(a)), a term that ‘includes computer mapping systems’ (§ 6254.9(b)), does not cover GIS-formatted databases like the OC Landbase at issue here.” Orange County must produce the OC Landbase in response to Sierra Club’s request “in any electronic format in which it holds the information (§ 6253.9(a)(1)) at a cost not to exceed the direct cost of duplication (§ 6253.9(a)(2)).”
The Court cited the California Constitution, (Article I, Section 3, Subdivision (b)(1)): “The people have the right of access to information concerning the conduct of the people’s business,” and Subdivision (b)(2): “A statute, court rule, or other authority shall be broadly construed if it furthers the people’s right of access, and narrowly construed if it limits the right of access.” It also made several references to various Amicus Curiae (Friend of the Court) statements, particularly the brief from “212 GIS Professionals and 23 GIS Organizations” which explained the difference between software and data, made a distinction between “computer mapping system” and GIS software, illustrated the need for the GIS-formatted database over PDF-format pictures of the data, and pointedly noted that 49 out of California’s 58 counties are able to maintain their GIS databases without having to sell public record data.
Your endorsement of the GIS Amicus Brief substantially helped win this case.
Your interest and encouragement helped us carry on through initial disappointments to prevail. Thank you for your support.
This is not the first time, nor will it be the last time, in which the GIS community is called upon to lend its expertise and participation to defend and extend our democratic rights and professional integrity. Liberty requires vigilance. Working together, our efforts can make a difference.
You can download the text of the decision at http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=1985061&doc_no=S194708.
Carrying On,
Bruce
________________________________________
Bruce Joffe, GISP
Organizer, Open Data Consortium project
c/o GIS Consultants
902 Rose Ave.
Piedmont, CA 94611
510-508-0213
GIS.Consultants@joffes.com
www.OpenDataConsortium.net
________________________________________
(July 9)