BILL REQ. #: H-4095.3
| State of Washington | 63rd Legislature | 2014 Regular Session |
READ FIRST TIME 02/11/14.
AN ACT Relating to the establishment of an open data policy to facilitate sharing and publication of government data; amending RCW 43.41A.010, 43.41A.125, and 43.41A.130; adding a new chapter to Title 42 RCW; creating a new section; decodifying RCW 43.41A.135; and repealing RCW 43.41A.115.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that Washington state
has a long history and tradition of ensuring open government. In the
early 1970s, the state experienced a moment of transformation: In
1971, the legislature enacted the open public meetings act to make the
conduct of government more accessible and open to the public. The
following year, Washington voters approved the public records act,
stating that full access to information concerning the conduct of
government on every level must be assured as a fundamental and
necessary precondition to the sound governance of a free society. More
than forty years have passed, and the state once more finds itself at
a transformative moment, when it is incumbent upon us to take a step
toward a true modernization of our public records law. New
technologies have dramatically changed both the way government conducts
business and the public's expectations about access to government
information. Accessible government data is now a valuable resource
that can be used by citizens and businesses of the state to fuel
entrepreneurship, innovation, and scientific discovery. Open
government data readily available for public use creates new
opportunities to combine information from a variety of sources and
visualize this information in new and unexpected ways. With ingenuity
and access, any member of the public can dream up and create an
application that is commercially or recreationally useful to others.
Such innovation can help drive economic growth, and not surprisingly,
many cities and states have opened up their data and established
policies, standards, and best practices to promote open data.
President Obama issued an executive order requiring federal agencies to
ensure that government data is open and machine-readable by default.
These initiatives have recognized that publishing open data in open
formats is a transformational step, making government transparency
actionable by the people who the government has been created to serve.
It increases government transparency, effectiveness, and
accountability, allowing government agencies as well as citizens to
browse, interpret trends, and draw attention to issues with greater
efficiency. It is the intent of the legislature to encourage state and
local government agencies that collect and create information to do so
in a manner that supports downstream information processing and
dissemination activities, ensuring that the default status of
government data is open.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1)(a) "Data" means final versions of statistical or factual
information that:
(i) Are in alphanumeric form reflected in a list, table, graph,
chart, or other nonnarrative form, that can be digitally transmitted or
processed;
(ii) Are regularly created or maintained by or on behalf of an
agency and controlled by such agency; and
(iii) Record a measurement, transaction, or determination related
to the mission of the agency.
(b) As used in this subsection (1), "statistical or factual
information" does not include image files, such as designs, drawings,
photos, or scanned copies of original documents, but it does include
geographic information system data and statistical or factual
information about such image files.
(2) "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.
(3) "Local government" means every county, city, town, and every
other municipal or quasi-municipal corporation.
(4) "Office" means the office of the chief information officer.
(5) "Open data" means freely available, machine readable, and
structured in a way that enables the data to be fully discoverable and
usable by end users.
(6) "Open format" means a published, free file format for storing
digital data, where such format is in the public domain or otherwise
free of restrictions on reuse, and can be used and implemented by
anyone.
(7) "Public data set" means data maintained on a computer system
by, or on behalf of, an agency that the agency is permitted, required,
or able to make available to the public. "Public data set" does not
include:
(a) Any data set or portion of a data set to which an agency may
deny access pursuant to the public records act, chapter 42.56 RCW, or
any other provision of a federal or state law, rule, or regulation or
local law;
(b) Any data set that contains a significant amount of data to
which an agency may deny access pursuant to (a) of this subsection, the
redaction of which would impose undue financial, operative, or
administrative burden on the agency;
(c) Data that reflects the internal deliberative process of an
agency or agencies, including but not limited to negotiating positions,
future procurements, or pending or reasonably anticipated legal or
administrative proceedings;
(d) Data subject to copyright, patent, trademark, confidentiality
agreements, or trade secret protection;
(e) Proprietary applications, computer code, software, operating
systems, or similar materials;
(f) Data related to internal agency administration, including
employment records, internal employee-related directories or lists, and
facilities data;
(g) Data or data sets related to externally funded research and
development activities, unless specifically identified for inclusion in
the open data portal by the agency in the compliance plan required
under section 3(6) of this act;
(h) Data or data sets related to and specifically used for teaching
activities, unless specifically identified for inclusion in the open
data portal by the agency in the compliance plan required under section
3(6) of this act;
(i) Any data or data set that cannot feasibly be converted to an
open format as required by the uniform standards adopted by the office
without undue financial, operative, or administrative burden on the
agency; or
(j) Data or data sets that the head of an agency, after due
consideration and consultation with the office, determines should not
be published on the open data portal because publication would be
detrimental to the public interest, however the agency must prepare a
detailed rationale for its determination and publish the rationale on
the open data portal.
(8) "Public record" means any document that meets the definition of
a public record as provided in RCW 42.56.010 or chapter 40.14 RCW.
(9) "State agency" or "agency" means every state office,
department, division, bureau, board, commission, or other state agency
of the executive branch, including offices headed by a statewide
elected official.
NEW SECTION. Sec. 3
(b) Public data sets already available in an open format on an
existing state government data portal, such as www.erdc.wa.gov/data and
geography.wa.gov, need not be separately uploaded onto the open data
portal if they are readily accessible, searchable, and discoverable
from the open data portal web site.
(2) Within ninety days of the effective date of this section, the
office shall publish draft uniform standards for the open format of
data submitted for publication on the open data portal and guidelines
for agencies to use in complying with this section.
(3) The office shall consider industry best practices in
establishing standards for an information architecture that supports
the usability and findability of information and may develop and update
standards as necessary to reflect industry best practices. In
developing such standards, the office shall be guided by principles
that encourage easy analysis and reuse of the data.
(a) The office is encouraged to develop standards that address:
(i) Full description of public data sets, including the use of
human-readable, meaningful field names that allow users to understand
what information is contained in the data set, thorough documentation
of data elements, data dictionaries, and, if applicable, additional
description of the purposes and methods of data collection;
(ii) The release of high-volume data sets using bulk downloads,
meaning that the entire public data set is provided in response to an
electronic request in a computer-friendly format, as well as
application programming interfaces (APIs);
(iii) The assignment of unique identifiers to increase the accuracy
of public data sets;
(iv) The use of metadata terms to facilitate data discovery,
administration, resource description, and interoperability of different
data sets;
(v) A method of time stamping or otherwise indicating the date and
time that a data set was added to or changed on the open data portal;
and
(vi) If the data set is regularly or frequently updated, a
description of the frequency and changes that occur during the updates.
(b) The office may convene a working group of data coordinators and
may implement such other procedures necessary to monitor compliance
with standards that the office has developed under this section. The
office may require agencies to report to the office on such compliance.
(4) Within ninety days of the effective date of this section, the
office shall implement an online forum to solicit feedback from the
public and to encourage public discussion on open data policies and
public data set availability.
(5)(a) Within thirty days of the effective date of this section,
each agency shall designate a data officer who:
(i) Has authority equivalent to that of a deputy director or the
head of a division or department within the agency;
(ii) Has knowledge of data and resources in use by the agency; and
(iii) Is responsible for that agency's compliance with this
chapter.
(b) An agency will be deemed to have complied with the requirements
of (a) of this subsection if the agency designates a data officer from
within the agency's current deputy directors or division or department
heads who is ultimately responsible for the agency's compliance, and
designates a separate data coordinator who has relevant technical
expertise, including knowledge of data and resources in use by the
agency, and is directly accountable to the data officer.
(6)(a) Within fifteen months of the effective date of this section,
each agency shall provide to the office a proposed compliance plan,
which shall include a catalog of the agency's public data sets and a
timeline for making each data set publicly available as open data in an
open format.
(b) Where multiple versions exist of a public data set or portion
of a public data set, each agency that has custody of the public data
set and access and authority to update the public data set shall
include the public data set in its data catalog, except as provided in
section 2(7) of this act. The office must include a mechanism in the
open data portal for ensuring that such multiple versions of a public
data set are published, similar and equal access is provided to all
versions of the public data set, and the data of one agency is not
systematically privileged over the data of another.
(c) In establishing the timeline, the agency shall prioritize
publication of data based on the extent to which information:
(i) Can be used to increase agency accountability and
responsiveness;
(ii) Improves public knowledge of the agency and its operations;
(iii) Furthers the mission of the agency;
(iv) Creates economic opportunity;
(v) Currently exists in or can easily be converted to the open
format as required by the uniform standards adopted by the office;
(vi) Responds to a need or demand identified by public
consultation; and
(vii) Furthers any other objective established by the office that
the office deems important in furthering the intent of this chapter.
(d) If the agency has identified a public data set that it has not
proposed to make public within five years of the effective date of this
section, the agency's work plan must state the reasons why the public
data set cannot be made available and the actions that would be
necessary to make the identified public data set available on the open
data portal.
(e) Each agency shall provide two interim reports to the office,
one within six months of the effective date of this section and the
second within one year of the effective date of this section. The
office shall review the reports to ensure that the agency is making
adequate progress in developing the compliance plan required under this
section.
(f) In addition to standards developed by the office under
subsections (2) and (3) of this section, agencies should leverage other
existing guidance, such as the enterprise architecture program
developed by the office pursuant to RCW 43.41A.065, to maximize
interoperability and information accessibility when developing the
agency's compliance plan.
(7) No later than eighteen months after the effective date of this
section, and annually thereafter, the office shall post on the open
data portal and submit to the governor and the legislature an updated
compliance plan for each agency. The update must include:
(a) Specific measures undertaken since the immediately preceding
update;
(b) Specific measures that will be undertaken before the next
update;
(c) An update to the list of public data sets, if necessary;
(d) Any changes to the prioritization of public data sets;
(e) Any update to the timeline for the inclusion of data sets on
the open data portal, if necessary; and
(f) If a public data set cannot be made available on the open data
portal within five years of the effective date of this section, the
reasons why it cannot and, to the extent practicable, the date by which
the agency believes that such public data set will be available on the
open data portal.
(8) Local governments and other branches of state government are
encouraged but not required to prepare a catalog and timeline for
publication of public data sets and to submit the data to the office
for inclusion in the open data portal. The office is authorized to
provide technical guidance, assistance, and expertise to assist local
governments and other branches of state government in participating in
the open data portal, as provided in subsection (7) of this section.
(9) The office shall provide technical guidance, assistance, and
expertise to assist agencies in participating in the open data portal.
This may include, but is not limited to, adopting rules or providing
models and guidelines for agencies to follow when:
(a) Creating their data catalogs;
(b) Setting a schedule for initial and ongoing publication of data;
(c) Prioritizing data sets for publication;
(d) Identifying and reviewing public data sets, including
consultation with public records officers and other entities to ensure
confidential or otherwise nonpublic information is not disclosed; and
(e) Preparing data for publication as open data in an open format
pursuant to the uniform standard established under this section.
(10)(a) An agency may request from the office a waiver from
compliance with the timelines established in this section. The request
must include an explanation of why the waiver is needed, the
consequences the agency will suffer if the waiver is not approved, and
any other information required by the office. The chief executive of
the agency must sign the waiver request.
(b) The office may grant the waiver only if compliance would
adversely affect the ability of the requesting agency to accomplish a
function critical to the agency or would cause a major adverse
financial impact on the requesting agency that is not offset by
statewide savings or by the public interest served in expediting access
to open government data. In granting a waiver, the office must
establish the new timeline for the agency's compliance.
(c) The office must include in the report to the legislature
required under subsection (7) of this section a description of any
waivers it grants and the basis for its decision to grant the waiver,
as well as the revised timelines it has established.
NEW SECTION. Sec. 4
(2) Public data sets made available on the open data portal should
be offered as open data in an open format and free of cost, wherever
feasible, consistent with standards and policies developed by the
office, and not otherwise provided by law or contract. The office
shall develop a data licensing policy to facilitate the removal of
barriers to access and reuse of government data, while providing
adequate notice in the limited cases where the use of public data sets
must be subject to license terms and conditions.
(3) In developing the data licensing policy, the office shall
provide agencies guidance on the use of a standard public domain
dedication tool to place the data into the public domain to the
greatest extent allowed by law, so that anyone may freely build upon,
enhance, and reuse the data for any purpose without restriction.
(4) The open data portal must include a mechanism by which a member
of the public who has identified deficiencies in a public data set can
provide feedback to the office about the deficiency. The office may
transmit the feedback to the agency that owns or controls the data set.
If the agency deems the deficiency to be real and substantial, it may
post a notice of such deficiency on the open data portal.
(5) The state does not warranty the completeness, accuracy,
content, or fitness for any particular purpose or use of any public
data set made available on the open data portal, nor are any such
warranties to be implied or inferred with respect to the public data
sets furnished on the open data portal.
(6) The state is not liable for any deficiencies in the
completeness, accuracy, content, or fitness for any particular purpose
or use of any public data set, or application using the data set,
provided by any third party.
(7) Nothing in this chapter may be construed to create a private
right of action or claim on the part of any individual, entity, or
agency to enforce its provisions. Failure to comply with this chapter
does not result in liability to an agency.
(8) The office shall conspicuously publish on the open data portal
the legal policies set forth in this section.
(9) The office is prohibited from making changes to the source data
of a public data set posted by an agency on the open data portal. Only
the agency that posts the public data set has authority to alter the
source data. The agency must retain, pursuant to normal operating
procedures and policies governing data retention by the agency, the
underlying source data that has been changed.
Sec. 5 RCW 43.41A.010 and 2013 2nd sp.s. c 33 s 3 are each
amended to read as follows:
(1) The office of the chief information officer is created within
the office of financial management.
(2) Powers, duties, and functions assigned to the department of
information services as specified in this chapter shall be transferred
to the office of chief information officer as provided in this chapter.
(3) The primary duties of the office are:
(a) To prepare and lead the implementation of a strategic direction
and enterprise architecture for information technology for state
government;
(b) To enable the standardization and consolidation of information
technology infrastructure across all state agencies to support
enterprise-based system development and improve and maintain service
delivery;
(c) To establish standards and policies for the consistent and
efficient operation of information technology services throughout state
government;
(d) To establish statewide enterprise architecture that will serve
as the organizing standard for information technology for state
agencies;
(e) To educate and inform state managers and policymakers on
technological developments, industry trends and best practices,
industry benchmarks that strengthen decision making and professional
development, and industry understanding for public managers and
decision makers; and
(f) To coordinate implementation and expansion of the open data
portal established in sections 3 and 4 of this act.
(4) In the case of institutions of higher education, the powers of
the office and the provisions of this chapter apply to business and
administrative applications but do not apply to (a) academic and
research applications; and (b) medical, clinical, and health care
applications, including the business and administrative applications
for such operations. However, institutions of higher education must
disclose to the office any proposed academic applications that are
enterprise-wide in nature relative to the needs and interests of other
institutions of higher education. Institutions of higher education
shall provide to the chief information officer sufficient data and
information on proposed expenditures on business and administrative
applications to permit the chief information officer to evaluate the
proposed expenditures pursuant to RCW 43.88.092(3).
(5) The legislature and the judiciary, which are constitutionally
recognized as separate branches of government, are strongly encouraged
to coordinate with the office and participate in shared services
initiatives and the development of enterprise-based strategies, where
appropriate. Legislative and judicial agencies of the state shall
submit to the chief information officer information on proposed
information technology expenditures to allow the chief information
officer to evaluate the proposed expenditures on an advisory basis.
Sec. 6 RCW 43.41A.125 and 1996 c 171 s 5 are each amended to read
as follows:
Within existing resources and consistent with section 3 of this
act, state agencies shall plan for and implement processes for making
information available electronically and for making public data sets
available as open data in an open format. Public demand and agencies'
missions and goals shall drive the selection and priorities for
government information to be made available electronically. When
planning for increased public electronic access, agencies should
determine what information the public wants and needs most. Widespread
public electronic access does not mean that all government information
is able to be made available electronically.
(1) In planning for and implementing electronic access, state
agencies shall:
(a) Where appropriate, plan for electronic public access and two-
way electronic interaction when acquiring, redesigning, or rebuilding
information systems;
(b) Focus on providing electronic access to current information,
leaving archival material to be made available digitally as resources
allow or as a need arises;
(c) Coordinate technology planning across agency boundaries in
order to facilitate electronic access to vital public information;
(d) Develop processes to determine which information the public
most wants and needs;
(e) Develop and employ methods to readily withhold or mask
nondisclosable data.
(2) In planning or implementing electronic access and two-way
electronic interaction and delivery technologies, state agencies and
local governments are encouraged to:
(a) Increase their capabilities to receive information
electronically from the public and to transmit forms, applications, and
other communications and transactions electronically;
(b) Use technologies allowing public access throughout the state
that allow continuous access twenty-four hours a day, seven days per
week, involve little or no cost to access, and are capable of being
used by persons without extensive technological ability; and
(c) Consider and incorporate wherever possible ease of access to
electronic technologies by persons with disabilities. In planning and
implementing new public electronic access projects, agencies should
consult with people who have disabilities, with disability access
experts, and the general public.
(((3) The final report of the public information access policy task
force, "Encouraging Widespread Public Electronic Access to Public
Records and Information Held by State and Local Governments," shall
serve as a major resource for state agencies and local governments in
planning and providing increased access to electronic public records
and information.))
Sec. 7 RCW 43.41A.130 and 1996 c 171 s 12 are each amended to
read as follows:
Funding to meet the costs of providing access, including the
building of the necessary information systems, the digitizing of
information, ((developing)) the preparation of data as open data in an
open format, the development of the ability to mask nondisclosable
information, and maintenance and upgrade of information access systems
should come primarily from state and local appropriations, federal
dollars, grants, private funds, cooperative ventures among governments,
nonexclusive licensing, and public/private partnerships. Agencies
should not offer customized electronic access services as the primary
way of responding to requests or as a primary source of revenue. Fees
for staff time to respond to requests, and other direct costs may be
included in costs of providing customized access.
Agencies and local governments are encouraged to pool resources and
to form cooperative ventures to provide electronic access to government
records and information. State agencies are encouraged to seek federal
and private grants for projects that provide increased efficiency and
improve government delivery of information and services, including
projects that facilitate or expedite the inclusion of all public data
sets in the open data portal.
NEW SECTION. Sec. 8 RCW 43.41A.115 (Electronic access to public
records -- Findings -- Intent) and 1996 c 171 s 1 are each repealed.
NEW SECTION. Sec. 9 RCW 43.41A.135 is decodified.
NEW SECTION. Sec. 10 Sections 1 through 4 of this act constitute
a new chapter in Title
NEW SECTION. Sec. 11 If specific funding for the purposes of
this act, referencing this act by bill or chapter number, is not
provided by June 30, 2014, in the omnibus appropriations act, this act
is null and void.