What is collaborative maintenance of data? A short talk at the Royal Society

Following the publication of their report on data governance in the 21st century, the Royal Society are running a number of workshops to explore data governance in different sectors. In October 2019 year they ran one exploring data governance in the auto insurance sector.

Last week they held a workshop looking at data governance in the civil society sector. The ODI were invited to help out, and I chaired a session looking at collaborative maintenance of data. I believe the Royal Society will be publishing a longer write-up of the workshop over the coming weeks.

This blog post is a written version of a short ten minute talk I gave during the workshop. The slides are public.

Let’s start with a definition. What is collaborative maintenance?

You might already be familiar with terms like “crowd-sourcing” or “citizen science”. Both of those are examples of collaborative maintenance. But it can take other forms too. At the ODI we use collaborative maintenance of data to refer to any scenario where organisations and communities are sharing the work of collecting and maintaining data.

It might be helpful to position collaborative maintenance alongside other approaches that are part of “open culture”. These include open standards, open source, and open data. Let’s look at each of them in turn.

Open standards for data are reusable, shared agreements that shape how we collect, share, govern and use data. There are different types of open standards. Some are technical, and describe file formats and methods of exchanging data. Others are higher-level and capture codes of practices and protocols for collecting data. Open standards are best developed collaboratively, so that everyone impacted by or benefiting from the standard can help shape it.

Open source involves collaborating to create reusable, openly licensed code and applications. Some open source projects are run by individuals or small communities. Others are backed by larger commercial organisations. This collaborative work is different to that of open standards. For example, it involves identifying and agreeing features, writing and testing code and producing documentation to allow others to use it.

Open data is about publishing data under an open licence, so it can be accessed, used and shared by anyone for any purpose. Different communities engage in publication of open data for different purposes.

For example, the open government movement originally focused on open data as a means to increase transparency of governments. More recently there is a shift towards using open data to help address a variety of social, economic and environmental challenges. In contrast, as part of the open science movement, there is a different role for open data. Recent attention has been on the use of open data to address the reproducibility crisis around research. Or to help respond to emerging health issues, like Coronavirus.

With a few exceptions, the main approach to open data has been a single organisation (or researcher) publishing data that they have already collected. There may be some collaboration around use of that data, but not in its collection or maintenance.

This makes open data quite distinct from open source or open sources.

We can think of collaborative maintenance as about taking the approach used in open source and applying it to data. Collaborative maintenance involves collaboration across the full lifecycle of a dataset.

Some examples might be helpful.

OpenStreetMap is a collaboratively produced spatial database of the entire world. While it was originally produced by individuals and communities, it is now contributed to by large organisations like Facebook, Microsoft and Apple. The Humanitarian OpenStreetMap community focuses on the collection and use of data to support humanitarian activities. The community are involved in deciding what data to collect, prioritising maintenance of data following disasters, and mapping activities either on the ground or remotely. The community works across the lifecycle and is self-directing.

Common Voice is a Mozilla project. It aims to build an open dataset to support voice recognition applications. By asking others to contribute to the dataset, they hope to make it more comprehensive and inclusive. Mozilla have defined what data will be collected and the tasks to be carried out, but anyone can contribute to the dataset by adding their voice or transcribing a recording. It’s this open participation that could help ensure that the dataset represents a more diverse set of people.

Edubase is maintained by the Department for Education (DfE). It’s our national database of schools. It’s used in a variety of different applications. Like Mozilla, DfE are acting as the steward of the data and have defined what information should be collected. But the work of populating and maintaining the shared directory is carried out by people in the individual schools. This is the best way to keep that data up to date. Those who are know when the data has changed have the ability to update it. The contributors all benefit from shared resource.

Build a shared directory is a common use for collaborative maintenance. But there are others.

Looking across these projects and other examples that we’ve studied in our desk and user research, we can see that there are different ways we can collaborate around data.

For example, we can work together to decide what data to collect. We can share the work of collecting and maintaining data, ensuring its quality and governing access to it. We can use open source to help to build the tools to support those communities.

We’ve developed the collaborative maintenance guidebook to help support the design of new services and platforms. It includes some background and a worked example. The bulk of the guidebook is a set of “design patterns” that describe solutions to common problems. For example how to manage quality when many different people are contributing to the same dataset.

We think collaborative maintenance can be useful in more projects. For civil society organisations collaborative maintenance might help you engage with communities that you’re supporting to collect and maintain useful data. It might also be a tool to support collaboration across the sector as a means of building common resources.

The guidebook is at an early stage and we’d love to get feedback on it contents. Or help you apply it to a real-world project. Let us know what you think!

How can publishing more data increase the value of existing data?

There’s lots to love about the “Value of Data” report. Like the fantastic infographic on page 9. I’ll wait while you go and check it out.

Great, isn’t it?

My favourite part about the paper is that it’s taught me a few terms that economists use, but which I hadn’t heard before. Like “Incomplete contracts” which is the uncertainty about how people will behave because of ambiguity in norms, regulations, licensing or other rules. Finally, a name to put to my repeated gripes about licensing!

But it’s the term “option value” that I’ve been mulling over for the last few days. Option value is a measure of our willingness to pay for something even though we’re not currently using it. Data has a large option value, because its hard to predict how its value might change in future.

Organisations continue to keep data because of its potential future uses. I’ve written before about data as stored potential.

The report notes that the value of a dataset can change because we might be able to apply new technologies to it. Or think of new questions to ask of it. Or, and this is the interesting part, because we acquire new data that might impact its value.

So, how does increasing access to one dataset affect the value of other datasets?

Moving data along the data spectrum means that increasingly more people will have access to it. That means it can be used by more people, potentially in very different ways than you might expect. Applying Joy’s Law then we might expect some interesting, innovative or just unanticipated uses. (See also: everyone loves a laser.)

But more people using the same data is just extracting additional value from that single dataset. It’s not directly impacting the value of other dataset.

To do that we need to use that in some specific ways. So far I’ve come up with seven ways that new data can change the value of existing data.

Comparison. If we have two or more datasets then we can compare them. That will allow us to identify differences, look for similarities, or find correlations. New data can help us discover insights that aren’t otherwise apparent.
Enrichment. New data can enrich an existing data by adding new information. It gives us context that we didn’t have access to before, unlocking further uses
Validation. New data can help us identify and correct errors in existing data.
Linking. A new dataset might help us to merge some existing dataset, allowing us to analyse them in new ways. The new dataset acts like a missing piece in a jigsaw puzzle.
Scaffolding. A new dataset can help us to organise other data. It might also help us collect new data.
Improve Coverage. Adding more data, of the same type, into an existing pool can help us create a larger, aggregated dataset. We end up with a more complete dataset, which opens up more uses. The combined dataset might have a a better spatial or temporal coverage, be less biased or capture more of the world we want to analyse
Increase Confidence. If the new data measures something we’ve already recorded, then the repeated measurements can help us to be more confident about the quality of our existing data and analyses. For example, we might pool sensor readings about the weather from multiple weather stations in the same area. Or perform a meta-analysis of a scientific study.

I don’t think this is exhaustive, but it was a useful thought experiment.

A while ago, I outlined ten dataset archetypes. It’s interesting to see how these align with the above uses:

A meta-analysis to increase confidence will draw on multiple studies
Combining sensor feeds can also help us increase confidence in our observations of the world
A register can help us with linking or scaffolding datasets. They can also be used to support validation.
Pooling together multiple descriptions or personal records can help us create a database that has improved coverage for a specific application
A social graph is often used as scaffolding for other datasets

What would you add to my list of ways in which new data improves the value of existing data? What did I miss?

Three types of agreement that shape your use of data

Whenever you’re accessing, using or sharing data you will be bound by a variety of laws and agreements. I’ve written previously about how data governance is a nested set of rules, processes, legislation and norms.

In this post I wanted to clarify the differences between three types of agreements that will govern your use of data. There are others. But from a data consumer point of view these are most common.

If you’re involved in any kind of data project, then you should have read all of relevant agreements that relate to data you’re planning to use. So you should know what to look for.

Data Sharing Agreements

Data sharing agreements are usually contracts that will have been signed between the organisations sharing data. They describe how, when, where and for how long data will be shared.

They will include things like the purpose and legal basis for sharing data. They will describe the important security, privacy and other considerations that govern how data will be shared, managed and used. Data sharing agreements might be time-limited. Or they might describe an ongoing arrangement.

When the public and private sector are sharing data, then publishing a register of agreements is one way to increase transparency around how data is being shared.

The ICO Data Sharing Code of Practice has more detail on the kinds of information a data sharing agreement should contain. As does the UK’s Digital Economy Act 2017 code of practice for data sharing. In a recent project the ODI and CABI created a checklist for data sharing agreements.

Data sharing agreements are most useful when organisations, of any kind, are sharing sensitive data. A contract with detailed, binding rules helps everyone be clear on their obligations.

Licences

Licences are a different approach to defining the rules that apply to use of data. A licence describes the ways that data can be used without any of the organisations involved having to enter into a formal agreement.

A licence will describe how you can use some data. It may also place some restrictions on your use (e.g. “non-commercial”) and may spell out some obligations (“please say where you got the data”). So long as you use the data in the described ways, then you don’t need any kind of explicit permission from the publisher. You don’t even have to tell them you’re using it. Although it’s usually a good idea to do that.

Licences remove the need to negotiate and sign agreements. Permission is granted in advance, with a few caveats.

Standard licences make it easier to use data from multiple sources, because everyone is expecting you to follow the same rules. But only if the licences are widely adopted. Where licences don’t align, we end up with unnecessary friction.

Licences aren’t time-limited. They’re perpetual. At least as long as you follow your obligations.

Licences are best used for open and public data. Sometimes people use data sharing agreements when a licence might be a better option. That’s often because organisations know how to do contracts, but are less confident in giving permissions. Especially if they’re concerned about risks.

Sometimes, even if there’s an open licence to use data, a business would still prefer to have an agreement in place. That’s might be because the licence doesn’t give them the freedoms they want, or they’d like some additional assurances in place around their use of data.

Terms and Conditions

Terms and conditions, or “terms of use” are a set of rules that describe how you can use a service. Terms and conditions are the things we all ignore when signing up to website. But if you’re using a data portal, platform or API then you need to have definitely checked the small print. (You have, haven’t you?)

Like a Data Sharing Agreement, a set of terms and conditions is something that you formally agree to. It might be by checking a box rather than signing a document, but its still an agreement.

Terms of use will describe the service being offered and the ways in which you can use it. Like licences and data sharing agreements, they will also include some restrictions. For example whether you can build a commercial service with it. Or what you can do with the results.

A good set of terms and conditions will clearly and separately identify those rules that relate to your use of the service (e.g. how often you can use it) from those rules that relate to the data provided to you. Ideally the terms would just refer to a separate licence. The Met Office Data Point terms do this.

A poorly defined set of terms will focus on the service parts but not include enough detail about your rights to use and reuse data. That can happen if the emphasis has been on the terms of use of the service as a product, rather than around the sharing of data.

The terms and conditions for a data service and the rules that relate to the data are two of the important decisions that shape the data ecosystem that service will enable. It’s important to get them right.

Hopefully that’s a helpful primer. Remember, if you’re in any kind of role using data then you need to read the small print. If not, then you’re potentially exposing yourself and others to risks.

Can the regulation of hazardous substances help us think about regulation of AI?

This post is a thought experiment. It considers how existing laws that cover the registration and testing of hazardous substances like pesticides might be used as an analogy for thinking through approaches to regulation of AI/ML.

As a thought experiment its not a detailed or well-research proposal, but there are elements which I think are interesting. I’m interested in feedback and also pointers to more detailed explorations of similar ideas.

A cursory look of substance registration legislation in the EU and US

Under EU REACH legislation, if you want to manufacture or import large amount of potentially hazardous chemical substances then you need to register with the ECHA. The registration process involves providing information about the substance and its potential risks.

“No data no market” is a key principle of the legislation. The private sector carries the burden of collecting data and demonstrating safety of substances. There is a standard set of information that must be provided.

In order to demonstrate the safety, companies may need to carry out animal testing. The legislation has been designed to minimise unnecessary animal testing. While there is an argument that all testing is unnecessary, current practices requires testing in some circumstances. Where testing is not required, then other data sources can be used. But controlled animal tests are the proof of last resort if no other data is available.

To further minimise the need to carry out tests on animals, the legislation is designed to encourage companies registering the same (or similar) substances to share data with one another in a “fair, transparent and non-discriminatory way”. Companies There is detailed guidance around data sharing, including a legal framework and guidance on cost sharing.

The coordination around sharing data and costs is achieved via a SIEF (PDF), a loose consortia of businesses looking to register the same substance. There is guidance to help facilitate creation of these sharing forums.

The US has a similar set of laws which also aim to encourage sharing of data across companies to minimise animal testing and other regulatory burdens. The practice of “data compensation” provides businesses with a right to charge fees for use of data. The legislation doesn’t define acceptable fees, but does specify an arbitration procedure.

The compensation, along with some exclusive use arrangements, are intended to avoid discouraging original research, testing and registration of new substances. Companies that bear the costs of developing new substances can have exclusive use for a period and expect some compensation for research costs to bring to market. Later manufacturers can benefit from the safety testing results, but have to pay for the privilege of access.

Summarising some design principles

Based on my reading, I think both sets of legislation are ultimately designed to:

increase safety of the general public, by ensuring that substances are properly tested and documented
require companies to assess the risks of substances
take an ethical stance on reducing unnecessary animal testing and other data collection by facilitating
data collection
require companies to register their intention to manufacture or import substances
enable companies to coordinate in order to share costs and other burdens of registration
provide an arbitration route if data is not being shared
avoid discouraging new research and development by providing a cost sharing model to offset regulatory requirements

Parallels to AI regulation

What if we adopted a similar approach towards the regulation of AI/ML?

When we think about some of the issues with large scale, public deployment of AI/ML, I think the debate often highlights a variety of needs, including:

greater oversight about how systems are being designed and tested, to help understand risks and design problems
understanding how and where systems are being deployed, to help assess impacts
minimising harms to either the general public, or specific communities
thorough testing of new approaches to assess immediate and potential long-term impacts
reducing unnecessary data collection that is otherwise required to train and test models
exploration of potential impacts of new technologies to address social, economic and environmental problems
to continue to encourage primary research and innovation

That list is not exhaustive. I suspect not everyone will necessarily agree on the importance of all elements.

However, if we look at these concerns and the principles that underpin the legislation of hazardous substances, I think there are a lot of parallels.

Applying the approach to AI

What if, for certain well-defined applications of AI/ML such as facial recognition, autonomous vehicles, etc, we required companies to:

register their systems, accompanies by a standard set of technical, testing and other documentation
carry out tests of their system using agreed protocols, to encourage consistency in comparison across testing
share data, e.g via a data trust or similar model, in order to minimise the unnecessary collection of data and to facilitate some assessment of bias in training data
demonstrate and document the safety of their systems to agreed standards, allowing public and private sector users of systems and models to make informed decisions about risks, or to support enforcement of legal standards
coordinate to share costs of collecting and maintaining data, conducting tests of standard models, etc
and, perhaps, after a period, accept that trained models would become available for others to reuse, similarly to how medicines or other substances may ultimately be manufactured by other companies

In addition to providing more controls and assurance around how AI/ML is being deployed, an approach based on facilitating collaboration around collection of data might help nudge new and emerging sectors into a more open direction, right from the start.

There are a number of potential risks and issues which I will acknowledge up front:

sharing of data about hazardous substance testing doesn’t have to address data protection. But this could be factored in to the design, and some uses of AI/ML draw on non-personal data
we may want to simply ban, or discourage use of some applications of AI/ML, rather than enable it. But at the moment there are few, if any controls
the approach might encourage collection and sharing of data which we might otherwise want to restrict. But strong governance and access controls, via a data trust or other institution might actually raise the bar around governance and security, beyond that which individual businesses can, or are willing to achieve. Coordination with a regulator might also help decide on how much is “enough” data
the utility of data and openly available models might degrade over time, requiring ongoing investment
the approach seems most applicable to uses of AI/ML with similar data requirements, In practice there may be only a small number of these, or data requirements may vary enough to limit benefits of data sharing

Again, not an exhaustive list. But as I’ve noted, I think there are ways to mitigate some of these risks.

Let me know what you think, what I’ve missed, or what I should be reading. I’m not in a position to move this forward, but welcome a discussion. Leave your thoughts in the comments below, or ping me on twitter.

When can expect more from data portability?

We’re at the end of week 5 of 2020, of the new decade and I’m on a diet.

I’m back to using MyFitnessPal again. I’ve used it on and off for the last 10 years whenever I’ve decided that now is the time to be more healthy. The sporadic, but detailed history of data collection around my weight and eating habits mark out each of the times when this time was going to be the time when I really made a change.

My success has been mixed. But the latest diet is going pretty well, thanks for asking.

This morning the app chose the following feature to highlight as part of its irregular nudges for me to upgrade to premium.

Downloading data about your weight, nutrition and exercise history are a premium feature of the service. This gave me pause for thought for several reasons.

Under UK legislation, and for as long as we maintain data adequacy with the EU, I have a right to data portability. I can request access to any data about me, in a machine-readable format, from any service I happen to be using.

The company that produce MyFitnessPal, Under Armour, do offer me a way to exercise this right. It’s described in their privacy policy, as shown in the following images.

Data portability in MyFitnessPal

Rather than enabling this access via an existing product feature, they’ve decide to make me and everyone else request the data directly. Every time I want to use it.

This might be a deliberate decision. They’re following the legislation to the letter. Perhaps its a conscious decision to push people towards a premium service, rather than make it easy by default. Their user base is international, so they don’t have to offer this feature to everyone.

Or maybe its the legal and product teams not looking at data portability as an opportunity. That’s something that the ODI has previously explored.

I’m hoping to see more exploration of the potential benefits and uses of data portability in 2020.

I think we need to re-frame the discussion away from compliance and on to commercial and consumer benefits. For example, by highlighting how access to data contributes to building ecosystems around services, to help retain and grow a customer base. That is more likely to get traction than a continued focus on compliance and product switching.

MyFitnessPal already connects into an ecosystem of other services. A stronger message around portability might help grow that further. After all, there are more reasons to monitor what you eat than just weight loss.

Clearer legislation and stronger guidance from organisations like ICO and industry regulators describing how data portability should be implemented would also help. Wider international adoption of data portability rights wouldn’t hurt either.

There’s also a role for community driven projects to build stronger norms and expectations around data portability. Projects like OpenSchufa demonstrate the positive benefits of coordinated action to build up an aggregated view of donated, personal data.

But I’d also settle with a return to the ethos of the early 2010s, when making data flow between services was the default. Small pieces, loosely joined.

If we want the big platforms to go on a diet, then they’re going to need to give up some of those bytes.

Licence Friction: A Tale of Two Datasets

For years now at the Open Data Institute we’ve been working to increase access to data, to create a range of social and economic benefits across a range of sectors. While the details change across projects one of the more consistent aspects of our work and guidance has been to support data stewards in making data as open as possible, whilst ensuring that is clearly licensed.

Reference data, like addresses and other geospatial data, that underpins our national and global data infrastructure needs to be available under an open licence. If it’s not, which is the ongoing situation in the UK, then other data cannot be made as open as possible.

Other considerations aside, data can only be as open as the reference data it relies upon. Ideally, reference data would be in the public domain, e.g. using a CC0 waiver. Attribution should be a consistent norm regardless of what licence is used.

Data becomes more useful when it is linked with other data. When it comes to data, adding context adds value. It can also add risks, but more value can be created from linking data.

When data is published using bespoke or restrictive licences then it is harder to combine different datasets together, because there are often limitations in the licensing terms that restrict how data can be used and redistributed.

This means data needs to be licensed using common, consistent licences. Licences that work with a range of different types of data, collected and used by different communities across jurisdictions.

Incompatible licences create friction that can make it impossible to create useful products and services.

It’s well-reported that data scientists and other users spend huge amounts of time cleaning and tidying data because it’s messy and non-standardised. It’s probably less well-reported how many great ideas are simply shelved because of lack of access to data. Or are impossible because of issues with restrictive or incompatible data licences. Or are cancelled or simply needlessly expensive due to the need for legal consultations and drafting of data sharing agreements.

These are the hurdles you often need to overcome before you even get started with that messy data.

Here’s a real-world example of where the lack of open geospatial data in the UK, and ongoing incompatibilities between data licensing is getting in the way of useful work.

Introducing Active Places

Active Places is a dataset stewarded by Sport England. It provides a curated database of sporting facilities across England. It includes facilities provided by a range of organisations across the public, private and third-sectors. It’s designed to help support decision making about the provision of tens of thousands of sporting sites and facilities around the UK to drive investment and policy making.

The dataset is rich and includes a wide range of information from disabled access through to the length of ski slopes or the number of turns on a cycling track.

While Sport England are the data steward, the curation of the dataset is partly subcontracted to a data management firm and partly carried out collaboratively with the owners of those sites and facilities.

The dataset is published under a standard open licence, the Creative Commons Attribution 4.0 licence. So anyone can access, use and share the data so long as they acknowledge its source. Contributors to the dataset agree to this licence as part of registering to contribute to the site.

The dataset includes geospatial data, including the addresses and locations of individual sites. This data includes IP from Ordnance Survey and Royal Mail, which means they have a say over what happens to it. In order to release the data under an open licence, Sport England had to request an exemption from the Ordnance Survey to their default position, which is that data containing OS IP cannot be sublicensed. When granted an exemption, an organisation may publish their data under an open licence. In short, OS waive their rights over the geographic locations in the data.

The OS can’t, however waive any rights that Royal Mail has over the address data. In order to grant Sport England an exemption, the OS also had to seek permission from Royal Mail. The Sport England team were able to confirm this for me.

Unfortunately it’s not clear, without having checked, that this is actually the case. It’s not evident in the documentation of either Active Places or the OS exemption process. Is it clarifying all third-party rights a routine part of the exemption process or not?

It would be helpful to know. As the ODI has highlighted, lack of transparency around third-party rights in open data is a problem. For many datasets the situation remains unclear. And Unclear positions are fantastic generators of legal and insurance fees.

So, to recap: Sport England has invested time in convincing Ordnance Survey to allow it to openly publish a rich dataset for the public good. A dataset in which geospatial data is clearly important, but is not the main feature of the dataset. The reference data is dictating how open the dataset can be and, as a result how much value can be created from it.

In case you’re wondering, lots of other organisations have had to do the same thing. The process is standardised to try and streamline it for everyone. A 2016 FOI request shows that between 2011 and 2015 the Ordnance Survey handled more than a 1000 of these requests.

Enter OpenStreetMap

At the end of 2019, members of the OpenStreetmap community contacted Sport England to request permission to use the Active Places dataset.

If you’re not familiar with OpenStreetmap, then you should be. It’s an openly licensed map of the world maintained by a huge community of volunteers, humanitarian organisations, public and private sector businesses around the world.

The OpenStreetmap Foundation is the official steward of the dataset with the day to data curation and operations happening through its volunteer network. As a small not-for-profit, it has to be very cautious about legal issues relating to the data. It can’t afford to be sued. The community is careful to ensure that data that is imported or added into the database comes from openly licensed sources.

In March 2017, after a consultation with the Creative Commons, the OpenStreetmap Licence/Legal Working Group concluded that data published under the Creative Commons Attribution licence is not compatible with the licence used by OpenStreetmap which is called the Open Database Licence. They felt that some specific terms in the licence (and particularly in its 4.0 version) meant that they needed additional permission in order to include that data in OpenStreetmap.

Since then the OpenStreetmap community, has been contacting data stewards to ask them to sign an additional waiver that grants the OSM community explicit permission to use the data. This is exactly what open licensing of data is intended to avoid.

CC-BY is one of the most frequently used open data licences, so this isn’t a rare occurrence.

As an indicator of the extra effort required, in a 2018 talk from the Bing Maps team in which they discuss how they have been supporting the OpenStreetmap community in Australia, they called out their legal team as one of the most important assets they had to provide to the local mapping community, helping them to get waivers signed. At the time of writing nearly 90 waivers have been circulated in Australia alone, not all of which have been signed.

So, to recap, due to a perceived incompatibility between two of the most frequently used open data licences, the OpenStreetmap community and its supporters are spending time negotiating access to data that is already published under an open licence.

I am not a lawyer. So these are like, just my opinions. But while I understand why the OSM Licence Working Group needs to be cautious, it feels like they are being overly cautious. Then again, I’m not the one responsible for stewarding an increasingly important part of a global data infrastructure.

Another opinion is that perhaps the Microsoft legal team might be better deployed to solve the licence incompatibility issues. Instead they are now drafting their own new open data licences, which are compatible with CC-BY.

Active Places and OpenStreetmap

Still with me?

At the end of last year, members of the OpenStreetMap community contacted Sport England to ask them to sign a waiver so that they could use the Active Places data. Presumably to incorporate some of the data into the OSM database.

The Sport England data and legal teams then had to understand what they were being asked to do and why. And they asked for some independent advice, which is where I provided some support through our work with Sport England on the OpenActive programme.

The discussion included:

questions about why an additional waiver was actually necessary
the differences in how CC-BY and ODbL are designed to require data to remain open and accessible – CC-BY includes limitation on use of technical restrictions, which is allowed by the open definition, whilst ODbL adopts a principle of encouraging “parallel distribution”.
acceptable forms and methods of attribution
who, within an organisation like Sport England, might have responsibility to decide what acceptable attribution looked like
why the OSM community had come to its decisions
who actually had authority to sign-off on the proposed waiver
whether signing a waiver and granting a specific permission undermined Sport England’s goal to adopt standard open data practices and licences, and a consistent approach for every user
whether the OS exemption, which granted permission to SE to publish the dataset under an open licence, impacted any of the above

All reasonable questions from a team being asked to do something new.

Like a number of organisations asked to sign waiver in Australia, SE have not yet signed a waiver and may choose not to do so. Like all public sector organisations, SE are being cautious about taking risks.

The discussion has spilled out onto twitter. I’m writing this to provide some context and background to the discussion in that thread. I’m not criticising anyone as I think everyone is trying to come to a reasonable outcome.

As the twitter thread highlights, the OSM community are not just concerned about the CC-BY licence but also about the potential that additional third-party rights are lurking in the data. Clarifying that may require SE to share more details about how the address and location data in the dataset is collected, validated and normalised for the OSM community to be happy. But, as noted earlier in the blog, I’ve at least been able to determine the status of any third-party rights in the data. So perhaps this will help to move things further.

The End

So, as a final recap, we have two organisations both aiming to publish and use data for the public good. But, because of complexities around derived data and licence compatibilities, data that might otherwise be used in new, innovative ways is instead going unused.

This is a situation that needs solving. It needs the UK government and Geospatial Commission to open up more geospatial data.

It needs the open data community to invest in resolving licence incompatibilities (and less in creating new licences) so that everyone benefits.

We also need to understand when licences are the appropriate means of governing how data is used and when norms, e.g. around attribution, can usefully shape how data is accessed, used and shared.

Until then these issues are going to continue to undermine the creation of value from open (geospatial) data.

[Paper review] Open data for electricity modeling: Legal aspects

This blog post is a quick review and notes relating to a research paper called: Open data for electronic modeling: Legal aspects.

It’s part of my new research notebook to help me collect and share notes on research papers and reports.

Brief summary

The paper reviews the legal status of publicly available energy data (and some related datasets) in Europe, with a focus on German law. The paper is intended to help identify some of the legal issues relevant to creation of analytical models to support use of energy data, e.g. for capacity planning.

As background, the paper describes the types of data relevant to building these types of model, the relevant aspects of database and copyright law in the EU and the properties of open licences. This background is used to assess some of the key data assets published in the EU and how they are licensed (or not) for reuse.

The paper concludes that the majority of uses of this data to support energy modelling in the EU, whether for research or other purposes, is likely to be infringing on the rights of the database holders, meaning that users are currently carrying legal risks. The paper notes that in many cases this is likely not the intended outcome.

The paper provides a range of recommendations to address this issue, including the adoption of open licences.

Three reasons to read

Here’s three reasons why you might want to read this paper

It provides a helpful primer on the range of datasets and data types that are used to develop applications in the energy sector in the EU. Useful if you want to know more about the domain
The background information on database rights and related IP law is clearly written and a good introduction to the topic
The paper provides a great case study of how licensing and legal protections applies to data use in a sector. The approach taken could be reused and extended to other areas

Three things I learned

Here’s three things that I learned from reading the paper.

That a database might be covered by copyright (an “original” database) in addition to database rights. But the authors note this doesn’t apply in the case of a typical energy dataset
That individual member states might have their own statutory exemptions to the the Database Directive. E.g. in Germany it doesn’t apply to use of data in non-commercial teaching. So there is variation in how it applies.
The discussion on how the Database Directive relates to statutory obligations to publish data was interesting, but highlights that the situation is unclear.

Thoughts and impressions

Great paper that clearly articulates the legal issues relating to publication and use of data in the energy sector in the EU. It’s easy to extrapolate from this work to other use cases in energy and by extension to other sectors.

The paper concludes with a good set of recommendations: the adoption of open licences, the need to clarify rights around data reuse and the role of data institutions in doing that, and how policy makers can push towards a more open ecosystem.

However there’s a suggestion that funders should just mandate open licences when funding academic research. While this is the general trend I see across research funding, in the context of this article it lacks a bit of nuance. The paper clearly indicates that the current status quo is that data users do not have the rights to apply open licences to the data they are publishing and generating. I think funders also need to engage with other policy makers to ensure that upstream provision of data is aligned with an open research agenda. Otherwise we risk perpetuating an unclear landscape of rights and permissions. The authors do note the need to address wider issues, but I think there’s a potential role of research funders in helping to drive change.

Finally, in their review of open licences, the authors recommend a move towards adoption of CC0 (public domain waivers and marks) and CC-BY 4.0. But they don’t address the fact that upstream licensing might limit the choice of how researchers can licence downstream data.

Specifically, the authors note the use of OpenStreetmap data to provide infrastructure data. However depending on your use, you may need to adopt this licence when republishing data. This can be at odds with a mandate to use other licences or restrictive licences used by other data stewards.