Newsgroups: comp.infosystems.gis
Date:         Mon, 4 Jan 1993 16:26:56 MST
From:         Daniel J Yurman <djy%inel.gov@UCDAVIS.BITNET>
Subject:      GIS Data Release Policies?

PROCEDURES FOR RELEASE OF GIS DATA TO THE PUBLIC

There are many instances where non-governmental organizations
request data and maps, e.g. coverages, from geographic
information systems (GIS) owned by Federal and State agencies,
but operated for these agencies by contractors.  Release of data
from these systems usually requires the contractor to submit the
requested data / maps to the agency which in turn releases its to
the requesting organization.

This posting presents a hypothetical case regarding release of
GIS data, poses some questions, offers a straw man, and requests
feedback.

REQUESTS AND LIABILITY

Examples of non-governmental entities include other contractors
doing work for the same or other State agencies, businesses which
want to use the data for their own purposes, and "good
government" groups and other interest groups, who have reason to
believe the data / maps will add value to their work.

The issue is raised about the use of released data for purposes
for which they are not intended and the ability of the original
contractor and the agency to protect themselves against problems
with the quality of the released data.  For instance, should the
original contractor prepare a "caveat emptor" statement.

Further, the original GIS contractor gets much of its data from
its primary customer, the Agency, and from other State agencies.
The contractor does not "own" the data, does not own the hardware
and software of the GIS -- it was paid for with tax dollars --
and, yet may be held liable by its customer for inappropriate
release or failure to properly qualify the release of these same
data.

CASE EXAMPLE

Let's take a hypothetical State Alcoholic Beverage Control Agency
(ABC) which has collected information on package sales by retail
outlet, by product, and other useful marketing information.  The
State Agency sells all alcoholic beverages in the State except
beer and wine, which are sold in grocery stores.  It also
regulates the sale of alcoholic beverages in restaurants and
bars.

The State has built a GIS to make maps of sales data to support
"targeting" of different products by demographics, but also to
help keep tabs on public consumption habits in order to monitor
"demand" for package sales v. restaurant sales.  The ABC Agency
argues it must have this data in map form so that it does not
overstock stores near high volume bars and in resort areas.  This
has raised privacy issues and the legislature is asking whether
the Agency has gone overboard in meeting its regulatory mandates.

WHY THE DATA ARE REQUESTED

Some of the questions coming from the legislature are motivated
by lobbying pressures from the liquor industry.  The industry has
a generally adversarial relationship with the ABC Agency.  It
will likely use the GIS data to make a case in the current
legislative session for changing the extent of the ABC Agency's
powers.  On the other side, a civil rights organization has
requested the GIS maps in order to show there are a
disproportionate number of liquor licenses in minority
neighborhoods, and to show that the ABC Agency discriminates
against minority applicants for these licenses.

Numerous requests have been received by the Agency for copies of
its maps.  Suppose you are the contractor who runs the GIS for
the ABC Agency.  What would you do in terms of qualifying the
release of the GIS data, electronic files, and hardcopy maps?
What kind of release procedures would you want to use to cover
your operation?

STRAW MAN

I'll start by offering a "straw man" caveat emptor statement.

        The primary objective of this data is to support specific
        legislative, regulatory, and administrative objectives of
        the ABC Agency and decision making which affects its
        operations.  This agency takes no responsibility for
        interpretation or use of this data for purposes other
        than for which it was originally intended.  ABC Agency
        databases and GIS coverages include many types of
        information with varying degrees of quality and
        reliability depending on the original sources.

        Further, it is the policy of the ABC Agency to accept and
        use the best data possible and to provide its users with
        information on the quality of that data.  ABC data are
        subject to periodic updates, and it is the responsibility
        of external users to obtain these updates.

Whether the data is ready for release or not the ABC Agency may
be forced by Freedom of Information Act requirements in the
hypothetical state to release the data and gis coverages.  The
absence of a legislative mandate to make the data public in other
instances may not be a sufficient reason to withhold it.

This case revolves around marketing and regulatory data for
alcoholic beverages, but a case could be developed for releasing
GIS data on hazardous waste sites which impinges on public
safety, privacy, and real estate values.

SUMMARY

The original question is -- what should the contractor and the
government agency do when faced with multiple requests for GIS
data by non-governmental entities?  What kind of "release
policy and procedures" should be developed, and does anyone have
any examples?

----------------------------------------------------------
Dan Yurman  EG&G-Idaho  PO Box 1625  Idaho Falls, ID 83415
djy@inel.gov     Phone: 208-526-8591     Fax: 208-526-6902
/* ..... standard disclaimer included by reference .....*/