This document summarizes concerns about a proposed geospatial data convention and recommends an alternative approach. It notes that the convention takes a "top-down" legal perspective that could overly regulate geospatial data collection and use. Instead, the document advocates a "bottom-up" stakeholder review of existing laws and policies to identify gaps and capacity needs, allowing each nation flexibility. This would help maximize benefits and minimize risks to support effective geospatial information management.
2. Proposed Convention identifies many of the
issues that have been previously raised at
UN-GGIM, including:
Privacy
Data quality
Intellectual Property Rights
Provenance
Use as Evidence
National Security
3. Geospatial community has raised concerns:
Had several meetings with IBA representatives
This is a Top Down approach;
Lawyers/Regulators perspective try to fix with new
laws and regulations
Difficult to integrate proposal into existing laws and
regulations
4. Overly Broad:
Geoinformation means information, including the
data on which it is based, captured from light, heat,
ultraviolet, sonar or radar sources by equipment in
space, in the air, on or under the ground or the sea,
including ice cover, regarding activity within the
geosphere irrespective of purpose. It shall include
in particular georeferencing of phenomena within
the geosphere as well as spatial metadata,
geomagnetic sensing data, all forms of imagery,
including photography and data derived from
precipitation samples (Art. 2)
5. Broad definition would be unworkable from
practical standpoint:
Obligation to notify state if it has geoinformation
that can be used to avert harm or avert natural or
man-made. (Art. 6)
Obligation to make all geoinformation available to
sensed state on fair and reasonable terms. (Art 6)
6. Fails to appreciate complex nature geospatial
ecosystem:
Custody Record would require:
All persons who had custody - Including government
agencies other than geoinformation generated
exclusively for national security purposes.
Provide details of each transfer of geoinformation . .
. . . for each stage of processing.
Include notes on models and standards used or
interface requirements observed. (Art. 3)
7. Would require significant changes in existing
laws and policies:
Create copyright and data protection rights in
geoinformation (Art. 4);
Grant individuals right to have geoinformation
depersonalized (Art. 6)
Supersede existing policy/regulatory bodies:
Create a Consultative Committee to establish
technical and operating standards (Art. 8)
Create rules on use of geoinformation as evidence.
(Art. 9)
8. Likely to create a geodivide
Many member nations will ignore, a few will adopt as is:
Impact for geospatial community where adopted:
Increased regulation;
More expensive to collect and use geoinformation;
Increased liability risk for geoinformation
providers/users:
Regulators
Lawsuits
Impact where not adopted
Will be harder to obtain global datasets to address
critical transnational issues
9. 9
Bottoms-up approach
Use GGIM regional forums to bring together
relevant stakeholders:
Geospatial community learns what impact
laws/policies/regulations are having on geoinformation
management within their nation.
Raise awareness of full value of geoinformation in
society and economy.
Identify challenges that are unique to region/country.
Goal:
A legal and regulatory framework that supports geospatial
information management within a member nation.
Maximizes benefits and minimizes risks
10. Stakeholders conduct a comprehensive review of
laws and regulations:
Technology platforms
Mapping, remote sensing, geodesy, cartography, land
management
Drones, satellites, ground-based sensors,
Smart cities, intelligent transportation systems, IoT
Legal disciplines
Intellectual property rights
Privacy,
National security
Liability
Open Data
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11. Proposed Outcomes
Identify gaps between the existing legal and regulatory
environment and best practices from around the world.
Specific laws and policies to be updated/revised (and if
necessary created);
Cultural issues impacting geospatial information management
at the national level; and
Capacity-building
Any capacity needs from a legal and regulatory standpoint (e.g.
training of lawyers).
Each member nation uses findings to implement according
to own cultural standard, economic imperatives and legal
system.
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12. Geospatial community can become a leader in
the Big Data revolution
Geoinformation was Big Data before Big Data was cool
What actions can geospatial community take:
Educate geospatial community on legal developments
Engage lawyers and policymakers on value of geo
Enlist industry, research communities for support
But needs to proactively address now, otherwise:
Other communities will drive Big Data agenda; and
Defining technology, legal and business drivers
Full potential of geoinformation will not be realized
13. If decide to pursue alternate approach, key
questions remain, including:
Is there enough understanding of these issues
within geospatial community?
Are these issues important enough for a more
informed dialogue?
Should the UN-GGIM convene a forum on these
issues?