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DataBCOPEN INFORMATION AND OPEN DATA POLICYOffice of the Chief Information Officer,Knowledge and Information Services BranchMinistry of Labour, Citizens’ Services andOpen GovernmentDataBC{BETA}Version 1.0July 2011{BETA
Direction to Governmentfrom the Premier andExecutive Council:Our government is changing thestyle and approach of governing toprovide citizens with opportunities toinfluence and improve policies thatimpact them and their quality of life.Opening up government data and information are keyfoundations to enabling engagement with citizens byusing new technologies to connect the public togovernment and to one another. Making governmentdata and information available online invites individualsand organizations to transform data and information intotools and applications that help individuals, institutionsand communities; and to promote partnerships withgovernment to create innovative solutions to theopportunities and challenges faced by BritishColumbians.The following specific actions will ensure our governmentcontinues to build on the open data and openinformation tools launched today.Open Data1.Ministries must take steps to expand public accessto government data by making it available onlineunless restricted by law, contract or policy;2.3.4.Ministries must re-prioritize and expand datacollection efforts towards those that enablecitizens and sectors to create value fromgovernment data;Ministries must adopt BC’s open license for dataand ensure data accessibility through DataBC inaccordance with BC’s Open Data Policy,which includes the requirement that data bepublished in an open machine-readable format;DataBC must ensure that citizens can givefeedback on, and assessment of, the qualityof published information and provide inputto which data should be prioritized for publication.Open Information1.To the extent practicable and subject to theFreedom of Information and Protection ofPrivacy Act and other valid restrictions,ministries should use modern technology todisseminate useful information in a routineway rather than waiting for specific requestsunder the FOIPPA Act.Ministers will be expected to provide quarterly reports toCabinet on their progress in meeting these opengovernment objectives.Honourable Christy ClarkPremier of British ColumbiaKnowledge and Information ServicesOffice of the CIO - Province of BCPeople - Collaboration - Innovation
Document PurposeAdvice on this PolicyThe Open Information and Open Data Policy increasesthe transparency and accountability of the Governmentof British Columbia by establishing a framework for thepublic release of government information and Data.Advice on this Policy can be obtained from:This Policy also encourages citizen participation andengagement with the Government of British Columbiaby: offering increased access to governmentinformation; and, enabling use, adaptation and distribution of Databy the public.Knowledge and Information Services BranchOffice of the Chief Information OfficerMinistry of Labour, Citizens’ Services and Open GovernmentTelephone: 250-356-0361Facsimile: ndex.pageBy increasing access to government information andpermitting the use, adaptation and distribution of Data,this Policy assists in the creation of a participatoryenvironment in which citizens are engaged with theirgovernment, communities and public policy issues.Specifically, the Open Information and Open Data Policyprovides direction and assigns responsibility for: The Proactive Disclosure of responses to access toinformation requests (FOI Requests) andinformation designated for Routine Release; and, The assessment, approval and posting of OpenData for public use, adaptation and distribution.Knowledge and Information ServicesOffice of the CIO - Province of BCPeople - Collaboration - Innovation
Table of Contents1.0Introduction. 11.1Policy Objectives. 11.2Scope. 21.3Legal Considerations. 21.4Supporting Documents. 31.5Terms and Definitions. 32.0Open Information Policy Requirements. 52.1Proactive Disclosure of Responses to General FOI Requests. 52.2Routine Release – General Requirements. 52.3Routine Release of Designated Information. 62.4Additional Requirements . 63.0Open Data Policy Requirements. 63.1General Requirements. 63.2Open Data Criteria and Assessment Requirements. 73.3Open Government License Requirements. 73.4Additional Requirements. 84.0Roles and Responsibilities. 8Appendix A – Proactive Disclosure Exemption Criteria. 11Appendix B – Open Data Assessment. 12Appendix C – Websites. 13Knowledge and Information ServicesOffice of the CIO - Province of BCPeople - Collaboration - Innovation
1.0 IntroductionCitizens are increasingly demanding and expectingmore direct dialogue with government about theircommunities and their future. These demands andexpectations are driven in part by the rise of onlinecommunications and social media. To help meet thesedemands, government issued its first transformation andtechnology strategy for the BC Public Service, entitled“Citizens @ the Centre: B.C. Government 2.0”. A keytheme or strategic shift included in this strategy is citizenparticipation. This shift promotes the engagement ofBritish Columbians more directly with their governmentthrough improved access to Data and the sharing ofgovernment information. In addition, a defining principleof the strategy is to empower citizens to create valuefrom Open Data.In March 2011, government reaffirmed its commitmentto Open Government and the goals of greatertransparency and accountability, building public trust,and connecting people with government. Premier Clarkhas followed up on this commitment by formallydirecting all ministries to expand the public availability ofGovernment Data, and, to the extent practicable andsubject to the Freedom of Information and Protection ofPrivacy Act (the FOIPP Act) and other valid restrictions,use modern technology to disseminate useful informationin a routine way rather than waiting for specific requestsunder the FOIPP Act.The Open Information and Open Data Policy supportsand enables Open Government and the Premier’sdirection by providing British Columbians a more modernand democratic approach to accessing governmentinformation and data. The Policy also strengthensgovernment’s commitment to engage and empowercitizens by creating an environment in which citizens canaccess, use, adapt and create value from Data.1.1Policy ObjectivesThe key objectives of the Open Information and OpenData Policy are to: make government information and Data moreaccessible to the public in a way that is responsiveto citizens’ needs and expectations; engender a participatory environment in whichcitizens are engaged with their government;communities and public policy issues; provide an equitable approach for citizen accessto government information and Data that is timely,simple and straightforward; enhance trust between citizens and Government; increase efficiencies and cost savings forgovernment; create new opportunities to inform citizens aboutgovernment and enable participation ingovernment decision making; enhance the social and economic benefit ofgovernment Data; empower citizens to create value from Open Data; where possible, adopt publicly developedservices and products, benefiting citizens andextending the value of Open Data.Knowledge and Information ServicesOffice of the CIO - Province of BC1People - Collaboration - Innovation
1.2ScopeThe Open Information and Open Data Policy applies toinformation and Data in the custody or under the controlof ministries of the Government of British Columbia.While the Open Information and Data Policy applies toall government information and Data, legal, policy, andcontractual obligations, limit the application of this Policyin some cases. In addition, this Policy sets out specificcriteria that must be met before government informationis designated for Proactive Disclosure or Routine Release,or before Data can be considered Open Data.1.3Legal ConsiderationsThe following legal considerations guided thedevelopment of the Open Information and Open DataPolicy and provide context for its application.Freedom of Information and Protection of Privacy Act(FOIPP Act)The FOIPP Act provides the public with a right of accessto information in the custody or under the control ofgovernment ministries and other public bodies. It alsoprotects personal privacy by prohibiting the unauthorizedcollection, use, or disclosure of Personal Information bypublic bodies.This Policy does not replace or limit an individual’s right ofaccess to information, or a ministry’s obligations, underthe FOIPP Act. Rather, this Policy seeks to supplementthe goals of the FOIPP Act by encouraging theProactive Disclosure and Routine Release of governmentinformation and promoting Open Data, while atthe same time ensuring the protection of PersonalInformation and other confidential information.To clarify, this Policy does not: affect an individual’s right of access to informationunder the FOIPP Act; extend an individual’s right under the FOIPP Act torequest that the Information and PrivacyCommissioner review a Proactive Disclosure orRoutine Release decision (that right only applies toa request for access made under the FOIPP Act)or, replace or limit a ministry’s obligation to routinelyrelease policy manuals and other informationunder sections 70 and 71 of the FOIPP Act.With respect to Personal Information, this Policy: maintains the protection of Personal Information inaccordance with the FOIPP Act; and, does not affect an individual’s right to make acomplaint to the Information and PrivacyCommissioner if Personal Information isinappropriately disclosed under this Policy.Knowledge and Information ServicesOffice of the CIO - Province of BC2People - Collaboration - Innovation
Open Government LicenseThe use, adaptation and distribution of government OpenData will be permitted under the Open GovernmentLicense.In accordance with the Open Government License, Datais not licensed for use as Open Data if it includes: Personal Information; information or Records that are not accessiblepursuant to the FOIPP Act; third-party rights the government is not authorizedto license; and, information subject to other intellectual propertyrights, including patents, trade-marks and officialmarks, and design rights.1.4Supporting DocumentsThe following documents provide additional guidanceto ministries in assessing the application andimplementation of the Open Information and OpenData Policy.Open Data Assessment: This document, attachedas Appendix B, supports the Open Data PolicyRequirements by enabling ministries to undertake anassessment of their Data to ensure that no potentialbarriers exist to making the Data publicly available.Open Data Physical Dataset Format Standard: Thisdocument supports the Open Data Policy requirementsby describing standard file formats (e.g., CSV, XML) thatmust be used to ensure that Data is able to becomeOpen Data and be available for use, adaptation anddistribution.1.5Terms and DefinitionsThe following definitions are provided for key terms andacronyms used in this document:“Applicant” is a person who makes a request for accessto Records under the FOIPP Act.“Contact Information” means information to enable anindividual at a place of business to be contacted andincludes the name, position name or title, businesstelephone number, business address, business email orbusiness fax number of the individual.“Copyright” is the right to reproduce a work or anysubstantial part of a work.“Data” are facts, figures and statistics objectively measured according to a standard or scale such asfrequency or volumes or occurrences.“DataBC Website” is the Government of BritishColumbia’s Internet site, www.data.gov.bc.ca, wherethe Open Data Catalogue, associated applications andother related information reside.“FOI Request” means an access request made underPart 2 of the FOIPP Act for Records held by government.Knowledge and Information ServicesOffice of the CIO - Province of BC3People - Collaboration - Innovation
“FOIPP Act” means the Freedom of Information andProtection of Privacy Act (B.C.)“General FOI Request” means an FOI Request that is nota Personal FOI Request.“Open Information Website” is the Government of British Columbia’s Internet site, www.openinfo.gov.bc.ca,where information Proactively Disclosed or RoutinelyReleased resides.“Government Data” means Data owned by theGovernment of British Columbia.“Personal FOI Request” means an FOI Request, madeby individuals (or their representative) seeking their ownPersonal Information.“Machine Processable” means Data is structured so thatit can be manipulated and allow automated intake andprocessing through computer application.“Personal Information” means recorded informationabout an identifiable individual other than ContactInformation.“Open Data” is Data that has undergone an Open DataAssessment, meets the requirements included in thisPolicy, and is listed in the Open Data Catalogue. SuchOpen Data is then made available to the public forcopying, publishing, distribution, transmission andadaptation under the terms of the Open GovernmentLicense.“Proactive Disclosure” means the public release ofgovernment’s responses to General FOI Requests.“Open Data Assessment” means the assessment processdescribed in Appendix B of this Policy.“Open Data Catalogue” means a listing of Datareferences, available through the DataBC Website, ina standard format.“Record” includes books, documents, maps, drawings,photographs, letters, vouchers, papers and any otherthing on which information is recorded or stored by anymeans whether graphic, electronic, mechanical orotherwise.“Routine Release” means the public release ofgovernment information that is not in response to FOIRequest.“Open Government License” means the OpenGovernment License for government of BC Informationor such other license approved by the IntellectualProperty Program, Ministry of Labour, Citizens’ Servicesand Open Government.Knowledge and Information ServicesOffice of the CIO - Province of BC4People - Collaboration - Innovation
2.0 Open Information PolicyRequirementsThe Open Information Policy Requirements, set outbelow, provide direction for the public release of:a) responses to General FOI Requests; and,b) information designated for Routine Release.2.1 Proactive Disclosure of Responses toGeneral FOI RequestsThe following policy requirements apply to the ProactiveDisclosure of responses to General FOI Requests:2.1.1 Responses to General FOI Requests must beposted to the Open Information Website, unlessan exemption is approved. Responses to GeneralFOI Requests include the response letter and theresponsive Records.2.1.2 In limited circumstances, an exemption to postinga response to a General FOI Request may beapproved where specific exemption criteria apply.Exemption criteria are set out in Appendix A.2.1.3 Responses to Personal FOI Requests must not beposted to the Open Information Website.2.1.4 Personal Information must be removed from theGeneral FOI Request response in accordance withthe FOIPP Act before posting to the OpenInformation Website.2.1.5 Responses to General FOI Requests, and otherdocumentation as required, must be prepared,provided and posted in accordance withprocedures issued by the deputy minister ofCitizens’ Services and Open Government.2.1.6 A response to a General FOI Request must beposted to the Open Information Websitea minimum of:a) 72 hours after its release, if the response is sentelectronically to the Applicant; or,b) Five business days after its release, if a hardcopy is mailed to the Applicant.2.2Routine Release – General RequirementsThe following policy requirements specify a ministry’sgeneral responsibilities in promoting the Routine Releaseof government information:2.2.1 Ministries should consider making information thatthey determine to be of interest or useful to thepublic, available to the public on a routine basis(i.e., without a request for access under the FOIPPAct) unless its release is limited by law, contract, orpolicy.2.2.2 Where a ministry decides to make informationavailable to the public on a routine basis, it shoulddo so in a manner that makes the informationavailable to a wide range of users withno requirement for registration, and in anon-proprietary, non-exclusive format.Knowledge and Information ServicesOffice of the CIO - Province of BC5People - Collaboration - Innovation
2.2.3 Where appropriate, a deputy minister maypropose a category of information to bedesignated under section 2.3, by the Minister ofLabour, Citizens’ Services and Open Government,for cross-government Routine Release.2.3Routine Release of DesignatedInformationThe following policy requirements apply to informationdesignated for cross-government Routine Release:2.3.1 The Minister of Labour, Citizens’ Services and OpenGovernment may designate categories ofinformation that must be routinely released byministries.2.3.2 Before information is designated for RoutineRelease, it must be assessed by the Office of theChief Information Officer for privacy, security, andCopyright implications and other risk factors.2.3.5 Information designated for Routine Release maybe redacted before it is posted to removeinformation that may be withheld in accordancewith the FOIPP Act.2.3.6 In accordance with the FOIPP Act, PersonalInformation must be removed from informationdesignated for Routine Release before posting.2.4Additional RequirementsThe following policy requirements set out additionalrequirements that apply to the Proactive Disclosure andRoutine Release of information:2.4.1 The deputy minister of Citizens’ Services and OpenGovernment may issue procedures, guidelinesand best practices to support the OpenInformation and Open Data Policy.3.0 Open Data Policy Requirements2.3.3 Categories of information designated for RoutineRelease, and applicable schedules for release,must be listed on the Open Information Website.The Open Data Policy Requirements provide direction forthe assessment, approval and posting of Open Data forpublic use, adaptation, and distribution.2.3.4 Information designated for Routine Release mustbe prepared, provided and posted in accordancewith procedures issued by the deputy minister ofCitizens’ Services and Open Government.3.1General RequirementsThe following policy requirements apply generally toGovernment Data and Open Data:Knowledge and Information ServicesOffice of the CIO - Province of BC6People - Collaboration - Innovation
3.1.1 Ministries must establish plans for expanding publicaccess to Government Data and report theirprogress in accordance with instructions issued bythe Deputy Minister of Citizens’ Services and OpenGovernment.3.2.1 Data may be proposed as Open Data if:a) access, use, adaptation and distribution of theData can be permitted for no fee to the public;b) the Data is Machine Processable;3.1.2 Ministry plans must prioritize and expand Datapublication efforts on Data that enables citizensand sectors to create value from GovernmentData.3.1.3 Only Data that meets the Open Data Criteria andAssessment Requirements, set out in section 3.2,may be posted as Open Data.3.1.4 Open Data must be listed in the Open DataCatalogue and subject to the Open GovernmentLicense in accordance with the requirements, setout in section 3.3.3.1.5 Individuals must not be required to register oridentify themselves in order to access, use, adaptor distribute Open Data.3.1.6 Ministries must not make Data publicly available aspart of an Open Data initiative except as inaccordance with this Policy.3.2Open Data Criteria and AssessmentRequirementsc) the Data includes necessary information to ensureits completeness and, therefore, its usability; and,d) the Data is posted in formats that comply with theOpen Data Physical Dataset Format Standard.3.2.2 In making a determination if Data is free fromlegal, contract or policy restrictions, and can bemade available as Open Data, ministries mustcomplete the Open Data Assessment in AppendixB of this Policy.3.2.3 Deputy ministers or designates must approve thecompleted Open Data Assessment prior to listingthe Open Data in the Open Data Catalogue.3.3Open Government LicenseRequirementsThe following policy requirements apply to theapplication of the Open Government License toOpen Data:3.3.1 The Open Government License must:The following policy requirements apply to the assessment of Government Data for inclusion in the Open DataCatalogue:Knowledge and Information ServicesOffice of the CIO - Province of BC7People - Collaboration - Innovation
a) apply to Open Data made available by theGovernment of British Columbia; and,b) include the ability for Open Data to be publiclyused, adapted and distributed.3.3.2 Ministries must clearly and expressly state on eachministry webpage that contains Open Data:a) what Records are Open Data; and,b) that Open Data is subject to the terms of the OpenGovernment License.3.4Additional RequirementsThe following policy requirements set out additional requirements that apply to the promotion of Open Data:3.4.1 Ministries must designate a single point of contactto respond to public inquiries related to OpenData.3.4.2 Open Data should be maintained or reviewed ona regular or periodic basis in a manner directed bythe deputy minister of Citizens’ Services and OpenGovernment.3.4.3 In creating or modifying Data, ministries shouldconsider the objectives of this Policy.3.4.4 In developing information systems, ministries mustconsider the objectives of this Policy and enable,to the extent possible, the creation, useand release of Open Data.3.4.5 The deputy minister of Citizens’ Services and OpenGovernment may issue guidelines on categories ofOpen Data that should be made publiclyavailable and listed in the Open Data Catalogue.3.4.6 Services or products created using Open Datamay be included on, or linked from, the DataBCWebsite.4.0 Roles and ResponsibilitiesThe roles and responsibilities section assigns responsibility for the policy requirements set out in section 2 (OpenInformation Policy Requirements) and section 3 (OpenData Policy Requirements).The Minister of Labour, Citizens’ Services and OpenGovernment has the responsibility to: designate categories of information for crossgovernment Routine Release.Deputy ministers have the responsibility to: lead their ministry in enhancing governmenttransparency and accountability through theincreased release of government information andData;Knowledge and Information ServicesOffice of the CIO - Province of BC8People - Collaboration - Innovation
promote the benefits of Open Information andOpen Data initiatives, encouraging citizenparticipation and engagement with government; ensure that no ministry Data is made publiclyavailable as part of an Open Data initiativeexcept as in accordance with this Policy; and, ensure responses to General FOI Requests andinformation designated for Routine Release areprepared and provided in accordance withestablished processes and timelines; ensure that each ministry webpage that containsOpen Data; clearly and expressly states whatRecords are Open Data, and that any Open Datais subject to the terms of the Open GovernmentLicense. approve exemptions to the Proactive Disclosureof General FOI Requests in limited circumstanceswhere established criteria is met;The deputy minister of Citizens’ Services and OpenGovernment has the additional responsibility to: consider the objectives of this Policy in making theirministry’s information available to the public on aroutine basis; issue guidelines on categories of Open Data thatshould be made publicly available and listed inthe Open Data Catalogue; and, consider making their ministry’s Data available andreadily accessible as Open Data unless restrictedby law, contract or policy; issue procedures, guidelines and best practices tosupport the Open Information and Open DataPolicy. ensure that ministry Data proposed as Open Datais assessed in accordance with this Policy and ismaintained or reviewed on a regular or periodicbasis; designate a single point of contact to respond topublic inquiries related to their ministry’s OpenData; consider the objectives of this Policy when creatingor modifying Data or developing informationsystems;Information Access Operations, Ministry of Labour,Citizens’ Services and Open Government has theresponsibility to: prepare responses to General FOI Requests forposting on the Open Information Website; recommend exemptions to the ProactiveDisclosure of General FOI Requests, in limitedcircumstances, where established criteria is met; ensure responses to Personal FOI Requests are notpublished;Knowledge and Information ServicesOffice of the CIO - Province of BC9People - Collaboration - Innovation
ensure Personal Information is removed fromGeneral FOI Request responses before they areproactively disclosed; and, ensure the DataBC Website and the Open DataCatalogue are managed in accordance with therequirements set out in this Policy; ensure information designated for Routine Releaseis redacted to remove information, such asPersonal Information, that must be withheld. recommend types of Data that may be madeavailable as Open Data through the Open DataCatalogue;The Office of the Chief Information Officer, Ministry ofLabour, Citizens’ Services and Open Government has theresponsibility to: assess categories of information designated forRoutine Release for privacy, security, andCopyright implications and other risk factors; provide advice to ministries regarding privacy andsecurity matters and the application of IM/ITStandards; provide information to ministries regardingCopyright matters; and, maintain and update the Open Information andOpen Data Policy.Business and Workforce Transformation, Ministry ofLabour, Citizens’ Services and Open Government hasthe responsibility to: ensure the DataBC Website displays the OpenGovernment License; approve for publication to the DataBC Websiteservices or products created using Open Data;and, recommend changes to the Open GovernmentLicense.Legal Services Branch, Ministry of Attorney General hasthe responsibility to: provide legal advice to ministries regardingCopyright matters; provide advice to ministries regarding legal orcontractual matters; and, maintain and make any necessary revisions to theOpen Government License.provide advice to ministries on informationdesignated for Routine Release;Knowledge and Information ServicesOffice of the CIO - Province of BC10People - Collaboration - Innovation
Appendix A – Proactive DisclosureExemption CriteriaThe deputy minister, head or designate, of the responsible ministry must approve any recommended exemption.Responses to General FOI Requests will be considered forexemption from Proactive Disclosure and posting on theOpen Information Website if they contain: Personal Information or information that could leadto the identification of the Applicant or otherpersons; information that may harm relations with a FirstNation; information that may harm relations with anothergovernment; information that may harm a third party’s businessinterests; or, information that is not suitable for ProactiveDisclosure based on a formal risk assessment thatdisclosure to the public may threaten the safety ofa person or harm the security of any property orsystem.Information Access Operations, Ministry of Labour,Citizens’ Services and Open Government mayrecommend an exemption from Proactive Disclosure inlimited circumstances where one or more of the abovecriteria are met.Knowledge and Information ServicesOffice of the CIO - Province of BC11People - Collaboration - Innovation
Appendix B – Open Data AssessmentThe attached Open Data Assessment must becompleted by ministries to ensure that there are nolegal, policy, or contract restrictions to making the Datapublicly available as Open Data. The attached formand checklist must be completed and approved by thedeputy minister or delegate before listing Open Data inthe Open Data Catalogue.A copy of the approved Open Data Assessment formand checklist must accompany the Open Data requestsubmitted to Business and Workforce Transformation,Ministry of Labour, Citizens’ Services and OpenGovernment.Knowledge and Information ServicesOffice of the CIO - Province of BC12People - Collaboration - Innovation
Appendix C – WebsitesFOIPP Act:http://www.bclaws.ca/EPLibraries/bclaws new/document/ID/freeside/96165 00Citizens’ @ the Centre: BC Government 2.0:http://www.gov.bc.ca/citz/citizens engagement/gov20.pdfOffice of the CIO:http://www.cio.gov.bc.ca/Ministry Information Security Officer (MISO) Contact ity/MISO/MISO.page?Information Security Classification security/classification/information s
public release of government information and Data. This Policy also encourages citizen participation and . engagement with the Government of British Columbia by: offering increased access to government information; and, enabling use, adaptation and distribution of Data by the public. By increasing access to government information and
