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Kevin Pomfret
August 4, 2015
 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
 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
 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)
 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)
 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)
 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)
 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
 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
 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
1
0
 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.
1
1
 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
 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?

More Related Content

UN-GGIM Legal and Policy Issues

  • 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 1 0
  • 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. 1 1
  • 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?