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<p>The explicit permission that we received was for data released
directly by the Australian government, it is unclear if that could
apply to data that they have licensed from a third party for
distribution which seems to be the case here.<br>
</p>
<p>CC by 4.0 reduced the requirements on attribution compared to
earlier versions and people have argued that the indirect
attribution (OpenStreetMap -> osm.org -> original
datasource) might be enough to satisfy them, however I would
suggest getting explicit permission from either PSMA or <br>
</p>
<p> </p>
<div about="http://" typeof="v:VCard"> <span property="v:fn">Department
of the Prime Minister and Cabinet</span><br>
<span rel="v:tel"> <span typeof="v:Tel v:Home"> <span
property="rdf:value">02 6271 5111</span> </span> </span><br>
<span property="v:email"> <a href="mailto:spatial@pmc.gov.au">spatial@pmc.gov.au</a></span><br>
<br>
to be on the safe side.<br>
</div>
<p>The further issue I see, is with the additional privacy
principles that must be followed. We cannot restrict how our data
is used outside of the ODbL terms. While we might not be adding
personal information, downstream that may well happen.</p>
<p>A possible workaround might be for either PSMA or pmc.gov.au to
identify which datasets are touchy and not import/use them (and
lift the additional terms for the remaining datasets).</p>
<p>Simon<br>
</p>
<br>
<div class="moz-cite-prefix">Am 28.06.2016 um 08:54 schrieb cleary:<br>
</div>
<blockquote
cite="mid:1467096867.186419.650488993.6D4D7A3F@webmail.messagingengine.com"
type="cite">
<pre wrap="">
After brief discussion on the talk-au list, advice is requested from the
legal-talk list.
The PSMA Admin Boundaries Data is released by the Australian Government
at <a class="moz-txt-link-freetext" href="https://data.gov.au/dataset/psma-administrative-boundaries">https://data.gov.au/dataset/psma-administrative-boundaries</a> It is
provided under CC-BY-4.0 licence with a condition relating to privacy
principles.
OSM has received explicit permission to use some Australian Government
Data. See
<a class="moz-txt-link-freetext" href="http://wiki.openstreetmap.org/wiki/Attribution/data.gov.au_explicit_permission">http://wiki.openstreetmap.org/wiki/Attribution/data.gov.au_explicit_permission</a>
Some items published at data.gov.au under CC-BY 4.0 have already been
listed on the Contributors page of the wiki but there is concern that
the above-mentioned explicit permission may be insufficient for the
data. The wiki contributors page includes the statement "Incorporates or
developed using Administrative Boundaries ©PSMA Australia Limited
licensed by the Commonwealth of Australia under Creative Commons
Attribution 4.0 International licence (CC BY 4.0)." but it is not
sourced or referenced so that its significance is unclear.
The Boundaries Data is also provided with the condition that "Users must
only use the data in ways that are consistent with the Australian
Privacy Principles issued under the Privacy Act 1988 (Cth)." It seems
to me that OSM does not collect or use any personal information about
identifiable individuals that would cause a problem but someone else may
have a different view.
Can we please have advice on whether the previously received explicit
permission is adequate to permit use of the PSMA Admin Boundaries Data
and whether there is any concern in relation to the Australian Privacy
Principles.
_______________________________________________
legal-talk mailing list
<a class="moz-txt-link-abbreviated" href="mailto:legal-talk@openstreetmap.org">legal-talk@openstreetmap.org</a>
<a class="moz-txt-link-freetext" href="https://lists.openstreetmap.org/listinfo/legal-talk">https://lists.openstreetmap.org/listinfo/legal-talk</a>
</pre>
</blockquote>
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