[OSM-dev] Working with OSM data with less or no metadata

[Simon Poole]

Am 16.02.2018 um 13:09 schrieb Martin Koppenhoefer:
> 2018-02-16 0:04 GMT+01:00 Paul Norman <penorman at mac.com
> <mailto:penorman at mac.com>>:
>
>     On 2/14/2018 8:17 AM, Roland Olbricht wrote:
>
>
>         - How about simply asking the users for consent? We could then
>         -- make a clear-cut last complete history dump before the date
>         -- start with a planet dump without history before that date
>         afterwards that then accumulates history only from users that
>         have given consent
>
>
>     Consent is revocable. If we didn't have to deal with people
>     revoking consent and account deletion requests, it would all be
>     much easier.
>
>
>
>
> We are asking for "a worldwide, royalty-free, non-exclusive,
> perpetual, irrevocable licence to do any act that is restricted by
> copyright, database right or any related right over anything within
> the Contents, whether in the original medium or any other." Do you
> have reason to believe the "irrevocable" part is invalid?
No, because you can give an irrevocable licence in intellectual property
matters (that is a rough generalisation, I know, as certain
jurisdictions actually limit that).
>
> "Contents" means "data and/or any other content (collectively,
> “Contents”)" [which the user contributes] "to the geo-database of the
> OpenStreetMap project"
> https://wiki.osmfoundation.org/wiki/Licence/Contributor_Terms
>
> Account deletions are another issue, but don't seem complicated:
> remove the human readable account alias and e-mail forwarding and
> prevent it from editing.
>
The intellectual property rights (I re-quote: "that is restricted by
copyright, database right or any related right") have nothing to do with
the subject at hand, the data privacy rights of the individual data
subject. As a consequence the contributor terms have no bearing, in any
form, at all, even in an alternative universe, on the matter.

If you look at our recommendation document you will note that we believe
that we currently do not have consent as defined by the GDPR for the
processing we do. As a consequence we will likely recommend  asking for
explicit consent somewhere in the sign up process (from a content pov
this already exists in the privacy policy but it needs to be re-jigged
to work as part of the terms of use that will have to be explicitly
agreed to for account creation).

However having valid consent for current processing does not remove the
issue that Paul has pointed out (again) that consent can be redrawn and
that such a withdrawal applies retroactively. The main cause why we one
way or the other should change what data we distribute to the general
public.

Simon

> Cheers,
> Martin
>
>
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