New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.95 - Executive order no. 95: using technology to promote transparency, improve government performance and enhance citizen engagement

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the State possesses vast amounts of valuable
					 information and reports on all aspects of life in New York State, including
					 health, business, public safety, and labor data as well as information on
					 transportation, parks, and recreation; and
WHEREAS, new information technology has dramatically
					 changed the way people search for and expect to find information, and such
					 technology can aggregate ever larger quantities of data and allow government to
					 provide information to the public with increasing efficiency; and
WHEREAS, the State can use these powerful tools to enhance
					 public access to government data and make government in New York State more
					 transparent in order to promote public trust; and
WHEREAS, ensuring the quality and consistency of such data
					 is essential to maintaining its value and utility;
NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 laws of the State of New York, do hereby order as follows:
A. Online Website. An online Open Data
				  Website for the collection and public dissemination of Publishable State data,
				  and, to the extent feasible, reports is hereby established. The Open Data
				  Website shall be maintained at data.ny.gov or such other successor website
				  maintained by, or on behalf of, the State, as deemed appropriate by the New
				  York State Office of Information Technology Services in consultation with the
				  Governor's Office and Data Working Group established below. The Open Data
				  Website will provide "single-stop" access to Publishable State data that is
				  owned, controlled, collected or otherwise maintained by covered State entities
				  as defined herein and, to the extent feasible, reports of such covered State
				  entities.
B. Definitions. As used
				  herein, the following terms shall have the following meanings:
1. "Covered State entity" means (i) any State
				  agency or department, or any office, division, bureau, or board of such State
				  agency or department, except where the head of such agency or department is not
				  appointed by the Governor, (ii) any State board, committee, or commission, at
				  least one of whose members is appointed by the Governor, and (iii) all
				  public-benefit corporations, public authorities and commissions, for which the
				  Governor appoints the Chair, the Chief Executive, or the majority of Board
				  Members, except for the Port Authority of New York and New Jersey.
2. "Chief Data Officer" shall mean the New
				  York State Chief Data Officer in the Office of Information Technology Services
				  or a designee thereof.
3. "Data"
				  shall mean final versions of statistical or factual information that (i) are in
				  alphanumeric form reflected in a list, table, graph, chart or other
				  non-narrative form, that can be digitally transmitted or processed; (ii) are
				  regularly created or maintained by or on behalf of a covered State entity and
				  are controlled by such entity; and (iii) record a measurement, transaction or
				  determination related to the mission of the covered State entity. The term
				  "data" shall not include image files, such as designs, drawings, photos or
				  scanned copies of original documents; provided, however, that the term "data"
				  shall include statistical or factual information about image files and
				  geographic information system data.
4. "Data set" means a named collection of
				  related records maintained on a storage device, with the collection containing
				  data organized or formatted in a specific or prescribed way, often in tabular
				  form.
5. "ITS" shall mean the New
				  York State Office of Information Technology Services.
6. "Publishable State data" shall mean data
				  that is collected by a covered State entity where the entity is permitted,
				  required or able to make the data available to the public, consistent with any
				  and all applicable laws, rules, regulations, ordinances, resolutions, policies
				  or other restrictions, requirements or rights associated with the State data,
				  including but not limited to contractual or other legal orders, restrictions or
				  requirements. Data shall not be Publishable State data if making such data
				  available on the Open Data Website would violate statute or regulation (e.g.,
				  disclosure that would constitute an unwarranted invasion of personal privacy),
				  endanger the public health, safety or welfare, hinder the operation of
				  government, including criminal and civil investigations, or impose an undue
				  financial, operational or administrative burden on the covered State entity or
				  State.