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

Simon Poole simon at poole.ch
Tue Jun 28 10:51:21 UTC 2016

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.

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

Department of the Prime Minister and Cabinet
02 6271 5111
spatial at pmc.gov.au <mailto:spatial at pmc.gov.au>

to be on the safe side.

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.

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).


Am 28.06.2016 um 08:54 schrieb cleary:
> 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 ┬ęPSMA 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
> legal-talk at openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk

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