Marc de Vries spoke at the PSI Alliance Conference on June 5th, 2012 about the challenges of liability for public sector bodies providing open data for reuse. While open data is politically driven, lawyers often cite liability as preventing data release. Three potential mistakes public bodies fear are that reusers could claim damages if data is inaccurate, that open data poses unfair competition risks, or violates privacy or intellectual property rights. However, de Vries argues these risks can be addressed through clear procedures, responsibilities, basic metadata, disclaimers, and reasonable response timing for requests.

1. Liability, the next show stopper
Marc de Vries
PSI Alliance Conference
5 June 2012

2. Bottom line
• Directive, old nor new obliges public sector
bodies to allow re-use
• Politically, Open Data is a driving force
• But, when lawyers come in, they can spoil the
party
• Evil green monster: liability, liability, liability
• Some good counter arguments

3. 3 potential mistakes
PSI holds Public sector
mistakes PSI at zero costs
body
Re-user has
Open Unfair
suffered competition
damages up for Privacy
re-use protection
Intellectual
property rights
Re-user provider

4. Addressing the risks
• Clear procedures
• Clear organisational responsibilities
• Basic metadata
• Disclaimers
• Reasonable timing

5. Thank you!
Marc de Vries
info@devriesmarc.nl
+31 653897002