[Osmf-talk] [OSM-talk] GDPR introduction

[Simon Poole]

Am 17.04.2018 um 15:10 schrieb Andrew Harvey:

> Thank you those in the LWG that have put this paper together. My
> thoughts are OSM's ODBL license grants me the right to publish a
> version of http://hdyc.neis-one.org/ open to the public, not
> restricted to OSM users. Reading this, I understand the OSMF is
> proposing to introduce Terms of Use which take away my rights to use
> the OpenStreetMap data in ways that were okay last month, in order to
> comply with an EU specific law.

The OSMF is not doing anything of the sort, our licence has always only
covered copyright and related rights, and has always been mum on many
other areas (for example it explicitly does not apply to trademark and
patent rights), just as essentially all other open data licences.

What is happening is that the lawmaker is saying that there are certain
types of processing of our data that are regulated. What we are
proposing is to make it relatively easy for the majority of data
consumers to avoid data protections issues completely and to find a
workable, not too complicated, way for those that actually want/need to
process the full data to fulfil their legal obligations  (which exist
completely regardless of what we do or not) and limit the exposure of
potentially problematic information as far as possible.

> Would that eliminate all options for someone outside the EU to publish
> something like http://hdyc.neis-one.org/ but open to the public?
>

The GDPR applies to anybody either in the EU or processing data of EU
residents, there is no reason that you can't run a hdyc like site
outside of the EU (it would likely have to be in a country for which an
equivalence determination has been made), as long as you adhere to the
relevant regulations.

Simon

> On 17 April 2018 at 20:48, Simon Poole <simon at poole.ch
> <mailto:simon at poole.ch>> wrote:
>
>     On the 25th of May 2018 the *General Data Protection Regulation
>     (GDPR)
>     <https://en.wikipedia.org/wiki/General_Data_Protection_Regulation>*
>     will enter in to force, this will likely result in some changes in
>     how OpenStreetMap operates and distributes its data.
>
>     The LWG has prepared a position paper on the matter that has been
>     reviewed by data protection experts and in general the approach to
>     not rely on explicit consent has been validated. It should be
>     noted that while the paper outlines our approach, some of the
>     details still need to be determined. In particular the future
>     relationship with community and third party data consumers that
>     utilize OSM meta-data and what will actually be dropped/made less
>     accessible of the data listed in Appendix B.
>
>     LWG GDPR Position Paper
>     <https://wiki.openstreetmap.org/wiki/File:GDPR_Position_Paper.pdf>
>
>     Please feel free to discuss on the talk page
>     <https://wiki.openstreetmap.org/wiki/Talk:GDPR> or on this list.
>
>     Simon
>
>
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>
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