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

cleary osm at 97k.com
Wed Jun 29 07:23:59 UTC 2016

Thanks for that advice. I will draft an email over the next
couple of days.
On Tue, Jun 28, 2016, at 08:51 PM, Simon Poole wrote:
> 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
>  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).
> Simon
> 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 ©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 legal-talk at openstreetmap.org
>> https://lists.openstreetmap.org/listinfo/legal-talk
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