[OSM-legal-talk] Australian Government Data from data.gov.au

cleary osm at 97k.com
Tue Jun 28 06:54:27 UTC 2016


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 https://data.gov.au/dataset/psma-administrative-boundaries    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
http://wiki.openstreetmap.org/wiki/Attribution/data.gov.au_explicit_permission 

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. 




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