Legal implications for on-line distribution of Government fundamental spatial data
Australian Government spatial data policy has encouraged the move for Commonwealth organisations to shift from hardcopy and digital media spatial data delivery to data delivery via the web. This has largely come about due to the “Spatial Data Access and Pricing Policy” introduced in 2001, which recommended that “government held fundamental spatial data should be provided free of charge over the internet…”.
As awareness and use of these fundamental datasets increases both nationally and internationally due to ease of access and low cost purchase, and the simultaneous evolution of contemporary government policy and strategies continue to converge towards whole of government practices (e-Government Strategy, Connecting Government), issues of inappropriate use, lack of user knowledge or misrepresentation of data become important to address. The concepts of internet law, licensing and liability become equally prevalent as part of the environmental context to be considered.
Methods of metadata specification, spatial data standards and use of disclaimers have been explored, devised and implemented in varying degrees to date as ways of limiting the liability that can arise from use of spatial data.
This paper explores potential mechanisms to put in place to:
• Control to some extent, the dissemination of spatial data via the internet
• Protect and inform spatial data users so that use of data in decision support systems are based on intelligent use of appropriate data
• Limit the liability of data providers for instances where the above does not occur
• Minimise the probability of these incidents occurring
• Educate and raise awareness of the law makers to take into account the technical complexities of spatial data and geographic information systems so that there are appropriate judgements made in terms of liability or negligence
This seminar, as part of a Masters thesis, raises the issues faced by government data providers in the current environment, with differing influences of spatial data policy, the advent and growth of the internet, government policy directions and the increasing awareness of common law concepts of duty of care for public good.