Int. No. 29
By Council Members Brewer, Fidler, Gentile, Gonzalez, James, Lander, Palma, Nelson, Lappin and Dromm
A Local Law to amend the administrative code of the city of New York, in relation to creating open data standards.
Be it enacted by the Council as follows:
Section 1. Title 23 of the administrative code of the city of New York is amended by adding a new chapter 3 to read as follows:
ACCESSIBILITY TO PUBLIC DATA SETS
§ 23-301 Definitions.
§ 23-302 Public data sets availability.
§ 23-303 Internet data set policy and technical standards.
§ 23-304 Agency compliance plan.
§ 23-305 Exemptions and timetable.
§23-301 Definitions. As used in this chapter:
a. “Agency” means an office, administration, department, division, bureau, board, commission, authority, corporation, advisory committee or other governmental entity performing a governmental function of the city of New York.
b. “Consensus” means general agreement, but not necessarily unanimity, and includes a process for attempting to resolve objections by interested parties, as long as all comments have been fairly considered.
c. “Data” means any factual information collected, produced or reproduced by, with or for an agency that records any aspect of a measurement, a transaction, or a determination.
d. “Data set” means a comprehensive collection of interrelated data on any subject that is maintained on a computer system owned or operated by an agency. Such term shall not refer to data collected and stored on computing devices where such data has not been added to any data set or used to create a new data set, provided that the data stored on such computing devices is routinely added to a data set. Such term shall not refer to copies of the data set, or portions thereof, that may be stored on computing devices.
e. “Department” means the department of information technology and telecommunications or any successor agency.
f. “Determination” means any final decision made by an agency with respect to a person, including, but not limited to: (1) eligibility for services or benefits; (2) issuing a permit; (3) registration, certification and licensing; and (4) liability for civil and criminal penalties.
g. “Measurement” means to quantify by means of comparison to a reference standard any characteristic of a phenomenon or object.
h. “Public data set” means any data set that is maintained by an agency that must be accessible for inspection by the public in accordance with any provision of law or that an agency shall decide to make accessible, excluding any data to which an agency may deny access pursuant to section eighty-seven of the public officers law.
i. “Technical standard” means (1) the common and repeated use of rules, conditions, guidelines or characteristics for products or related processes and production methods, and related management systems practices; and (2) the definition of terms; classification of components, delineation of procedures; specifications of dimensions, materials, performance, designs or operations; measurement of quality and quantity in describing materials, processes, products, systems, services or practices; test methods and sampling procedures; or descriptions of fit and measurements of size or strength.
j. “Transaction” means any interaction between an agency and any person, including employees.
k. “Voluntary consensus standards” means standards developed or adopted by voluntary consensus standards bodies, both domestic and international. These standards include provisions requiring that owners of relevant intellectual property agree to make such intellectual property available on a non-discriminatory, royalty-free or reasonable royalty basis to all interested parties.
l. “Voluntary consensus standards bodies” means domestic or international organizations which plan, develop, establish, or coordinate voluntary consensus standards using agreed-upon procedures.
m. “Web application programming interface” means an interface through which an application program may request services or information from a web page or library through the Internet.
§23-302 Public data set availability.
a. All public data sets maintained by city agencies shall be made available for inspection by the public on the Internet through a single web portal that is linked to nyc.gov or any successor website maintained by or on behalf of the city of New York.
b. All public data sets shall be formatted to enable viewing by web browsers and, where practicable, mobile devices. All public data sets shall also be made available in their raw or unprocessed form.
c. All public data sets shall be updated as often as necessary to preserve the integrity and usefulness of the data sets. The web portal hosting the public data sets shall make use of web syndication technology to notify the public of all updates for each public data set and for each agency.
d. All public data sets shall be presented and structured in a format that permits automated processing.
e. All public data sets shall be made available without any registration requirement, license requirement or restrictions on their use.
f. All public data sets shall be accessible to external search capabilities.
g. The department shall create or adopt and utilize a web application programming interface that shall permit application programs to request and receive public data sets directly from the web portal.
§23-303 Internet data set policy and technical standards.
a. The department shall promulgate rules establishing an Internet data set policy for the city of New York no later than July 5, 2010, for the purposes of ensuring agency compliance with the provisions and open data principles set forth in section 23-302 of this chapter. Such policy shall include, but not be limited to, guidelines to assist agencies in classifying their public data sets either as immediate, priority and legacy pursuant to section 23-304 of this chapter.
b. No later than July 5, 2010, the department shall prepare and publish a technical standards manual for the publishing of public data sets on the Internet by city agencies for the purpose of making public data available to the greatest number of users and for the greatest number of applications and shall, whenever practicable, use non-proprietary technical standards for web publishing and e-government that have been developed or adopted by voluntary consensus standards bodies. Such manual shall identify the reasons why each technical standard was selected and for which types of data it is applicable and may recommend or require that data be published in more than one technical standard. Such manual shall be updated by the department as necessary.
c. The department shall consult with voluntary consensus standards bodies and shall, when such participation is feasible, in the public interest and is compatible with agency and departmental missions, authorities and priorities, participate with such bodies in the development of technical standards.
§23-304 Agency compliance plan.
a. Each agency, in consultation with the department, shall review all public data sets under its control and shall classify them as immediate, priority and legacy, in accordance with subdivision c of this section and pursuant to guidelines promulgated by the department under section 23-303 of this chapter.
b. Each agency, in consultation with the department, shall submit an agency compliance plan to the mayor and the council no later than July 5, 2010. Such plan shall describe how such agency intends to achieve full compliance with this chapter by December 2, 2013, and shall include an accounting of all public data sets under the control of the agency, how such data sets have been classified pursuant to subdivision a of this section, and the rationale for each classification. No later than the first Monday in January of each year beginning in 2011, each agency shall submit an annual update to its compliance plan to the mayor and the council until such agency reports full compliance with this chapter.
c. Public data sets shall be classified as follows:
1. Immediate. Any public data set in possession of an agency as of the effective date of the local law that added this chapter and any public data set such agency acquires or creates after such effective date through July 5, 2010, that can be made available on the Internet pursuant to section 23-302 of this chapter within thirty days of the agency acquiring or creating such public data set shall be classified as immediate. Agencies should make best efforts to classify as many public data sets as immediate as is possible. Any public data set acquired or created after July 5, 2010, shall be classified as immediate.
2. Legacy. Any public data set that, due to its size or complexity, or due to technology constraints, cannot be made available on the Internet pursuant to section 23-302 of this chapter by January 2, 2012, shall be classified as legacy. Agencies shall make best efforts to avoid placing public data sets into the legacy classification.
3. Priority. Any public data set that does not meet the conditions of immediate or legacy shall be classified as priority.
§23-305 Exemptions and timetable.
a. Public data sets classified as immediate pursuant to section 23-304 of this chapter shall be exempt from the provisions of section 23-302 of this chapter and from applicable rules promulgated by the department pursuant to such section until January 3, 2011.
b. Public data sets classified as priority pursuant to section 23-304 of this chapter shall be exempt from the provisions of section 23-302 of this chapter and from applicable rules promulgated by the department pursuant to such section until January 2, 2012.
c. Public data sets classified as legacy pursuant to section 23-304 of this chapter shall be exempt from the provisions of section 23-302 of this chapter and from applicable rules promulgated by the department pursuant to such section until December 2, 2013.
§2. This local law shall take effect immediately.
New York City Council Int 29 – Accessibility to Public Records