CHAPTER TWENTY-SEVEN
The Committee’s Terms of Reference required it to examine the potential for open source licensing to be applied to Victorian Government information. The Committee determined to examine two areas of inquiry encompassed by the Terms of Reference – the application of open content licensing to Government information and data, and the use of open source licensed software by the Government.
The Inquiry responds to increasing interest in the private and public sectors, and internationally, in thinking about how information and data held by governments and other public organisations can best be used for the public good.
The use and distribution of public sector information (PSI) touches upon a range of critical issues for government, in which it must balance competing demands for and upon the information and data it holds, while ensuring that it acts appropriately as a custodian of that information and data. The release of PSI by the Victorian Government for re-use may lead to increased commercial activity, provide primary data to researchers in a wide range of disciplines, and increase transparency of government in Victoria.
The Inquiry also examines issues surrounding increased use of open source software (OSS) by the Victorian Government. OSS is software that can be redistributed and modified without the payment of fees or royalties, and for which the source code is made available.
Open source software already comprises a significant part of the global software makeup. The primary interest for users in the development and deployment of OSS is that it can potentially provide similar services to proprietary software at lower cost, as licence fees are not required. 610
Internationally, governments and the public sector are the largest holders of information of all kinds. With the development of information technology, the potential for information held by the public sector to contribute to a range of economic and socially beneficial outcomes has increased.
Recently a number of jurisdictions have introduced measures to improve access to and re-use of PSI, on the premise that doing so will produce economic and social benefits and returns. Quantitative data about economic benefits arising from increased commercial exploitation of PSI does not currently provide clear guidance for policy, but there is a growing view that new commercial enterprises will emerge as access to PSI improves.
The Committee considered evidence that improved access to and re-use of PSI may assist people to make more informed, and better, decisions about their businesses and activities. Improved access to PSI may also help to overcome the ‘silo’ effect in government, where government agencies do not effectively share or disclose the information they hold to other government agencies. In this context, improved access to and re-use of PSI may lead to improved efficiency in government, business, and for the public generally.
The best way for government to realise economic and efficiency gains from PSI is through the development of an overarching government Information Management Framework (IMF). The object of the IMF should be to facilitate access to and re-use of Victorian PSI. This can be achieved by the Government endorsing open access to PSI as its default position, and requiring that the Victorian Government, under the proposed IMF, define and describe conditions under which access to PSI can be restricted, and establish a systematic and consistent methodology for categorising and storing information and data. The IMF should be introduced prospectively for Government PSI, applying to information and data generated from now on.
Programs and policies that support improved access to and re-use of PSI will only be effective when government, business and citizens are able to identify what information and data exists. A comprehensive, searchable register of documents and materials held by Government is an essential component of any policy to improve access to PSI.
A core task when considering implementation of the IMF for Government is to determine which institutions and agencies the policy will apply to. In the context of PSI, there are a wide range of existing definitions for what could comprise the public sector. These include definitions from relevant legislation in Victoria and the Commonwealth, which may include departments, statutory authorities, educational institutions, hospitals, local government, and so on.
While there are strong arguments in favour of enhancing access to PSI held by most public sector agencies and organisations, the argument for Government compelling all public sector agencies to make their information and data available for re-use is less clear cut. Consequently, the IMF should apply initially only to Victorian Government departments. 611
The Inquiry’s Terms of Reference required the Committee to consider the types of PSI that would provide the greatest benefit if made more accessible. In recognition of the diverse range of government-owned materials, the Committee suggested that the Victorian Government should encourage departments to identify materials to publish proactively on their websites.
There are a number of valid reasons for restricting access to government-owned information and data. One of the most important reasons for restricting access is in order to preserve a person’s right to privacy, and in particular to prevent the disclosure of identifying information about individuals or groups of individuals. Consequently, certain PSI should not be released except where it is possible to remove personal information from the information or data.
The Freedom of Information Act 1982 (Vic) protects the disclosure of documents that affect the personal affairs of another person, as well as documents that are commercial-in-confidence; contain information that would undermine law enforcement; or were supplied in confidence. Secrecy considerations also provide sufficient reason for governments to restrict access to PSI. Access to PSI may also be restricted when materials are subject to specific contractual arrangements, and when information and data contained within the PSI is under development or incomplete.
The release of Victorian Government PSI will likely result in instances where errors in information or data, or unintended disclosure, leads to non-government users of PSI or third parties considering legal action against the Government. The Victorian Government will need to seek legal advice and ensure it is fully covered for legal action that may arise in association with the release of PSI.
Governments generate and hold a diverse array of PSI, most of which has the potential to be used for economic and social benefit. On this basis, the Committee identified particular categories of PSI to which access could be improved.
The spatial information industry makes a significant contribution to the Australian economy. The Victorian spatial information industry, for example, generated total revenue of $410 million in 2008. However, the absence of comprehensive policies around quality of data and licensing within and across governments has resulted in ongoing issues with access to spatial information. The Committee identified opportunities to improve conditions for access to and re-use of spatial data in Victoria, and allow this data to contribute to new commercial and public services and research.
Australian governments make a significant contribution to scientific inquiry and research and development (R&D), with the Victorian Government making a major contribution through its Science and Innovation Initiative (STI). Improved access to publicly funded research will likely encourage collaboration and collective learning, and improve the efficiency of government investment in R&D. A number of international and Australian publicly funded research councils now claim to support open access to research findings.
All Australian education departments provide schools, TAFES and universities with resources to support teaching and learning activities. There are few limitations on access to these education materials as they are often made available on government websites. However, costs 612associated with copying and communicating these materials may act as a barrier to extensive use by schools.
The Committee considered a number of initiatives that promote cost-effective copyright practices, and proposed strategies to simplify current arrangements for the disbursement of fees from schools to Government departments.
The Committee considered appropriate licensing systems to enhance access to and re-use of Victorian Government PSI, and noted that copyright offers governments a simple and effective way to maintain the quality and authenticity of their materials.
The Committee received evidence that inconsistent licensing systems across and within government obstruct access to PSI. A consistent whole-of-government licensing system is required to achieve greater efficiency in the management of copyright throughout the Victorian Government.
Open content licensing systems can increase access to and re-use of PSI without requiring governments to relinquish IP rights. Open content licences facilitate open access to copyright material by making materials available for re-use on liberal terms. Most evidence received by the Committee supported the application of open content licences to Victorian Government PSI.
A range of open content licences currently exist, with the Creative Commons (CC) licensing model most widely recognised. The Australian model of CC comprises six licences, all of which are non-discriminatory. The Committee noted that momentum for the use of CC by Australian public sector agencies is increasing. The Committee also received evidence that the CC licences can be applied to 85 % of PSI.
Access to and re-use of Victorian Government PSI will be most effectively implemented through the use of CC licences. Adoption of CC by the Victorian Government will help to obtain licence interoperability across the public service, and work towards inter-jurisdictional harmonisation of copyright arrangements across Australia.
The Victorian Government should adopt a hybrid licensing model, comprising the CC licences for most PSI and tailored licences for the remaining PSI where restricted access is warranted. For PSI released under CC, the Victorian Government should attach licensing conditions that facilitate information and knowledge flows, and experimentation with existing knowledge.
Four pricing models for application to PSI usually cited in the literature are: no costs; marginal costs; cost recovery; and profit maximising. The Committee considered the application of the first three models to PSI, as profit maximisation is not a common pricing strategy in the Victorian Government. Cost recovery is currently the core pricing strategy of the Victorian Government, with the Victorian spatial information industry also applying cost recovery to the pricing of spatial data.
The application of no cost or marginal cost pricing to information products, in particular those considered part of the Victorian Government’s ‘basic information product set’, is the most effective method to achieve economic efficiency.
While cost recovery pricing reduces reliance on general taxation revenue, the application of no cost or marginal costs to PSI may maximise its economic and social value. No cost or marginal cost pricing facilitates access to PSI within the broader community. Internationally, in response 613to growing evidence regarding the benefits associated with the marginal cost model, there has been a clear shift in the pricing policies of various countries that have traditionally adopted cost recovery.
Cost recovery can enhance economic efficiency if it is appropriately implemented. For example, cost recovery is appropriate when attached to the provision of products that are additional to the basic information product set at the request of individual users. Cost recovery is inappropriate if those products have public good characteristics and/or produce significant positive externalities.
A shift in the Victorian Government’s pricing policy from cost recovery to no costs or marginal costs will likely create more opportunities for the community and private sector to re-use and add value to PSI.
Technical infrastructure will be required to support implementation of the Victorian Government IMF. A critical feature of the technical infrastructure will be its interoperability, which can be achieved through the adoption of agreed standards for information storage and delivery formats, metadata frameworks and data directories.
The Victorian Government should adopt open standard formats for generation and storage of its PSI wherever possible. This will ensure that the Government minimises the chances of vendor and software ‘lock-in’, and maximises opportunities for effective archival storage of Government PSI.
The most effective way for the Victorian Government to make its PSI available for re-use will be through a system of decentralised custodianship. This will ensure that the people or agencies with expertise in particular PSI maintain their role as principle custodians of it. The implementation of department-based and decentralised custodianship will require high level commitment from the Victorian Government to ensure its success.
An effective policy for access to and re-use of PSI will only be successful when people are able to identify what information exists and where it is held. The Victorian Government should require that metadata records be developed for its PSI under an agreed standard, such as the Australia Government Locater Service (AGLS) metadata standard. Maintenance of PSI metadata should also be performed by PSI custodians through a decentralised model.
In order to facilitate discovery, the Victorian Government should develop a searchable, whole-of-government PSI directory. This should draw together the metadata generated by PSI custodians, and be hosted at a single agency.
The Committee recommends that implementation of the Victorian Government IMF be supported by a number of mechanisms. These include the establishment of a whole-of-government steering committee. The steering committee should have responsibility for overseeing, guiding and implementing the Victorian IMF, and be required to report regularly on its progress to the Minister responsible for the IMF.
A key feature of the Victorian Government IMF should be a focus on interoperability, particularly through the adoption of open standards for data generation, documentation, and 614storage. The value of the IMF will be further enhanced if it is designed to be interoperable with other jurisdictions, nationally and internationally. For this reason, the Victorian Government should liaise with, and if necessary lead, national harmonisation in approaches to access to and re-use of PSI.
The establishment of the Victorian Government IMF will only achieve its full potential when there is high public awareness of the Victorian Government’s actions in this area. For this reason, facilities for access to and re-use of PSI should be widely promoted once it is operational.
The effectiveness and value of the IMF will be further enhanced with the establishment of a reporting mechanism. This will allow the IMF to be continually appraised, for public servants and the public to refine the system, and for complaints to be considered.
OSS is currently used alongside proprietary software in a wide range of environments and for diverse purposes. OSS is generating interest internationally because the licensing model appears to offer opportunities for significant ICT cost savings, while offering comparable security and support to proprietary software.
In practice, a cost comparison of OSS and proprietary software will always be best determined on a case-by-case basis. The Total Cost of Ownership (TCO) for both proprietary software and OSS will be determined by a number of factors, of which licensing conditions comprise only one part.
In order to ensure that the Victorian Government can obtain the best software solutions at least cost, it should ensure that its software procurement processes do not discriminate against either model. The Victorian Government may achieve this by ensuring: that public servants are aware of, and comfortable with, the use of products licensed under both models; and that its requests for tenders do not require the use of proprietary software, standards or formats.
* This was first published as a report titled Inquiry into Improving Access to Victorian Public Sector Information and Data by the Economic Development and Infrastructure Committee, Parliament of Victoria. The original report is available at: www.parliament.vic.gov.au/edic/inquiries/access_to_PSI/final_report.html
Members of the Committee were Hon. Christine Campbell, MP (Chair); Mr David Davis, MLC (Deputy Chair); Mr Bruce Atkinson, MLC; Mr Peter Crisp, MP; Mr Hong Lim, MP (from 2 June 2009); Mr Brian Tee, MLC; Mr Evan Thornley, MLC (until 9 January 2009); and Hon. Marsha Thomson, MP.
1 Reproduced by permission of the Honourable Speaker of the Legislative Assembly, Victoria, Australia.