San Francisco Open Data Legislation

OpenDataLegilsation2012Final.txt

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+[Administrative Code--Citywide Coordination of Open Data Policy and Procedures] 
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+Ordinance amending San Francisco’s open data policies and procedures and 
+establishing the position and duties of Chief Data Officer and Departmental Data 
+Coordinators, and amending San Francisco Administrative Code Sections 22D.2 and 
+22D.3 to implement these changes.
+
+	NOTE:	Additions are single-underline italics Times New Roman;
+	deletions are strike-through italics Times New Roman.
+	Board amendment additions are double-underlined;
+	Board amendment deletions are strikethrough normal. 
+
+
+	Be it ordained by the people of the City and County of San Francisco:
+      Section 1.  Findings.
+	(a)  San Francisco has been a leader in open data policy in the United States.  In 2009, 
+Mayor Gavin Newsom issued an Executive Directive promoting Open Data.  In 2010, the 
+Board of Supervisors expanded on the Directive with the passage of the City’s Open Data 
+Policy (Ordinance 293-10), codified in San Francisco’s Administrative Code Section 22D.
+	(b)  An open data policy has been shown to drive increased government efficiency 
+and civic engagement, leading to social and economic benefits as a result of innovative 
+citizen interaction with government.  Social and economic benefits include, but are not limited 
+to:
+            (1)  Empowering citizens through democratization of information and fostering 
+citizen participation in City projects;
+            (2)  Supporting early stage entrepreneurship;
+            (3)  Encouraging positive environments that contribute to workforce 
+development and job creation; and
+            (4)  Increasing a positive business environment and promoting public-private 
+partnerships.
+	(c) City departments should take further steps to make their data sets available to the public in a 
+more timely and efficient manner.  San Francisco will improve and expand its Open Data Policy by 
+creating the position of Chief Data Officer and Department Data Coordinators to implement the 
+standards and policies articulated in the City’s Open Data Policy. 
+      Section 2.  The San Francisco Administrative Code is hereby amended by amending 
+Sections 22D.2, and 22D.3, to read as follows: 
+SEC. 22D.2.  CHIEF DATA OFFICER AND CITY DEPARTMENTS CITY DEPARTMENTS 
+REQUIRED TO MAKE DATA AVAILABLE.  
+	(a)  Chief Data Officer.   
+	In order to coordinate implementation, compliance, and expansion of the City’s Open Data 
+Policy, the Mayor shall appoint a Chief Data Officer (CDO) for the City and County of San Francisco.  
+The CDO shall be responsible for sharing City data with the public, facilitating the sharing of 
+information between City departments, and analyzing how data sets can be used to improve city 
+decision making.  To accomplish these objectives, the CDO shall: 
+      (1)  Coordinate utilization, maintenance, and updates of the City’s Open Data website, 
+currently known as “DataSF;”
+      (2)  Oversee the design, adoption by the Committee on Information Technology (COIT) 
+and implementation of technical standards for DataSF to ensure that the portal and its datasets 
+are implemented, updated, and utilized in accordance with San Francisco’s open data policies;
+      (3)  Provide education and analytic tools for City departments to improve and assist 
+with their open data efforts;
+      (4)  Assist departments with compliance with Open Data policies by working with 
+Department Data Coordinators,  collecting and reviewing each department's open data 
+implementation plans and creating a template for the departmental quarterly progress reports; 
+      (5)  Present an annual updated citywide implementation plan to COIT, the Mayor, and 
+Board of Supervisors and respond, as necessary, regarding the status of DataSF in the City;
+      (6)  Actively work to further the goals of open data in the City;
+      (7)  Coordinate creation and sharing of internal City data sets outside of those 
+designated for publication on DataSF;
+      (8)  Help establish data standards within and outside the City through collaboration 
+with external organizations;
+      (9)  Assist City departments with analysis of City data sets to improve decision making; 
+and,
+      (10)  Analyze and report on the usage of DataSF.
+(b)  City Departments
+                   (a)  Each City department, board, commission, and agency 
+(“Department") shall: 
+                  (1)Make reasonable efforts to make available all data sets under the 
+Department's control, provided however, that such disclosure shall be consistent with the 
+rules and standards promulgated by the CDO and adopted by COIT and with applicable law, 
+including laws related to privacy;
+                  (2) Conduct quarterly reviews of their progress on providing access to data 
+sets requested by the public through the designated web portal beginning six months after the 
+appointment of the CDO; and
+                  (3) Designate a Data Coordinator (DC) who will oversee implementation and 
+compliance with the Open Data Policy within his/her respective department.  Each DC shall work with 
+the CDO to implement the City’s open data policies and standards.  The DC shall:
+                        (i)  Prepare an Open Data plan for the Department which shall:
+                              (1)  Include a timeline for the publication of the Department’s 
+open data and a summary of open data efforts planned and/or underway in the Department; 
+                              (2)  Include a summary description of all data sets under the 
+control of each Department (including data contained in already-operating information technology 
+systems);
+                              (3)  Prioritize all public data sets for inclusion on DataSF;  
+                              (4)  Be updated quarterly after the initial submission to the CDO. 
+In the event of unsatisfactory implementation of the plan by the Department and/or disagreement over 
+publication of data sets, the CDO may request the Department’s DC appear before COIT; and,
+                              (5)  Be published on the department’s web site in addition to the 
+DataSF site. 
+                              (6)  Ensure data sets comply with the following requirements:
+                        (ii)  Review department data sets for potential inclusion on DataSF and 
+ensure they comply with the following guidelines:
+                              (1)  Data prioritized for publication should be of likely interest to 
+the public and should not disclose information that is proprietary, confidential, or protected by law or 
+contract;
+                              (2)  Data sets that contain personally identifiable information or 
+represent potential breaches to security or privacy should be flagged for potential exclusion from 
+DataSF; and,
+                              (3)  Data sets should be free of charge to the public through the 
+web portal.
+                  (iii)  Make data sets available, provided that such disclosure is consistent with 
+the City’s Open Data Policy, technical standards, and with applicable law, including laws related to 
+privacy;
+                  (iv)  Catalogue and prioritize the Department’s open data for publication on a 
+quarterly basis;
+                  (v)  Appear before COIT and respond to questions regarding the Department’s 
+compliance with the City’s Open Data policies and standards;
+                  (vi)  Conspicuously display his/her contact information (including name, phone 
+number or email address) on DataSF with his/her department’s data sets; 
+                  (vii)  Monitor comments and public feedback on the Department’s data sets on a 
+timely basis;  
+                  (viii)  Upon receipt of comments or information requests from the public related 
+to data set content and supporting documentation, assess the nature and complexity of the request and 
+provide DT with an expected timeframe to resolve the support inquiry as soon as possible; 
+                  (ix)  Notify DT upon publication of any updates or corrective action; and,
+                  (x)  Notify DT prior to any structural changes to data sets when releasing 
+updated data;
+(c)  Department of Technology
+	The Department of Technology (DT) shall provide and manage a single Internet site (web 
+portal) for the City’s public data sets (http://data.sfgov.org or successor site), called “DataSF.”  In 
+managing the site, DT shall:
+            (1)  Publish data sets with reasonable, user-friendly registration requirements, license 
+requirements, or restrictions on the use and distribution of data sets;
+            (2)  Indicate data sets that have been recently updated;
+            (3)  Ensure that updated data sets retain the original data structure, i.e., the number of 
+data elements per record, name, formats and order of the data elements must be structurally consistent 
+with the originally approved submission;
+            (4)   Use open, non-proprietary standards when practicable; 
+            (5)  Include an on-line forum to solicit feedback from the public and to encourage public 
+discussion on Open Data policies and public data set availability;
+            (6)  Forward open data requests to the assigned DC; and,
+            (7)  Take measures to ensure access to public data sets while protecting DataSF from 
+unlawful abuse or attempts to damage or impair use of the website.
+
+SEC. 22D.3.  STANDARDS AND COMPLIANCE.
+	(a)  The CDO COIT shall establish for adoption by COIT rules and standards to 
+implement the open data policy, including developing standards to determine which data sets 
+are appropriate for public disclosure.  In making this determination, COIT shall balance the 
+benefits of open data set forth in Section 22D.1, above, with the need to protect from 
+disclosure information that is proprietary, confidential, or protected by law or contract	(b)  
+Within 60 days of the effective date of this ordinance, COIT The CDO shall promulgate and COIT 
+shall adopt rules and standards to implement the open data policy which shall apply to all 
+Departments, consistent with COIT’s role and responsibilities in San Francisco Administrative Code 
+Section 22A.3.  The CDO and COIT intend to work with CAO and purchaser to develop contract 
+provisions to promote open data policies.  The rules and standards shall include the following:
+            (1)  Technical technical requirements for the publishing of public data sets by 
+Departments for the purpose of making public data available to the greatest number of users 
+and for the greatest number of applications.  These rules shall, whenever practicable, use 
+non-proprietary technical standards tor web publishing and e-government;
+            (2)  Guidelines guidelines for Departments to follow in developing their plans for 
+implementing the open data policy consistent with the standards established by COIT.  Each 
+plan shall include an accounting of public data sets under the control of the Department; and
+            (3) Rules for including open data requirements in applicable City contracts and 
+standard contract provisions that promote the City's open data policies, including, where appropriate, 
+provisions to ensure that  the City retains ownership of City data and the ability to post the data on 
+data.sfgov.org or make it available through other means; and,
+            (4)  Requirements that a third party providing City data (or applications based on City 
+data) to the public explicitly identify the source and version of the public data set, and include a 
+description of any modifications made to the public data set.
+      (c)  COIT shall also evaluate the merits and feasibility of making City data sets available 
+pursuant to a generic license, such as those offered by “Creative Commons.”  Such a license could 
+grant any user the right to copy, distribute, display and create derivative works at no cost and with a 
+minimum level of conditions placed on the use.  If appropriate, COIT shall specify the terms and 
+conditions of such a generic license in the standards it develops it develops to implement the open data 
+policy.
+      (d) Prior to issuing rules and standards, COIT shall solicit comments from the public, including 
+from individuals and firms who have successfully developed applications using open data sets.
+
+
+APPROVED AS TO FORM:
+DENNIS J. HERRERA, City Attorney
+
+
+By:		
+	ATTORNEY'S NAME
+	Deputy City Attorney
+
+FILE NO.	ORDINANCE NO.
+
+Supervisor Chiu
+BOARD OF SUPERVISORS		Page 1
+	10/15/2012
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