Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, the State possesses vast amounts of valuable
information and reports on all aspects of life in New York State, including
health, business, public safety, and labor data as well as information on
transportation, parks, and recreation; and
WHEREAS, new information technology has dramatically
changed the way people search for and expect to find information, and such
technology can aggregate ever larger quantities of data and allow government to
provide information to the public with increasing efficiency; and
WHEREAS, the State can use these powerful tools to enhance
public access to government data and make government in New York State more
transparent in order to promote public trust; and
WHEREAS, ensuring the quality and consistency of such data
is essential to maintaining its value and utility;
NOW, THEREFORE, I, Andrew M. Cuomo, Governor of the State
of New York, by virtue of the authority vested in me by the Constitution and
laws of the State of New York, do hereby order as follows:
A. Online Website. An online Open Data
Website for the collection and public dissemination of Publishable State data,
and, to the extent feasible, reports is hereby established. The Open Data
Website shall be maintained at data.ny.gov or such other successor website
maintained by, or on behalf of, the State, as deemed appropriate by the New
York State Office of Information Technology Services in consultation with the
Governor's Office and Data Working Group established below. The Open Data
Website will provide "single-stop" access to Publishable State data that is
owned, controlled, collected or otherwise maintained by covered State entities
as defined herein and, to the extent feasible, reports of such covered State
entities.
B. Definitions. As used
herein, the following terms shall have the following meanings:
1. "Covered State entity" means (i) any State
agency or department, or any office, division, bureau, or board of such State
agency or department, except where the head of such agency or department is not
appointed by the Governor, (ii) any State board, committee, or commission, at
least one of whose members is appointed by the Governor, and (iii) all
public-benefit corporations, public authorities and commissions, for which the
Governor appoints the Chair, the Chief Executive, or the majority of Board
Members, except for the Port Authority of New York and New Jersey.
2. "Chief Data Officer" shall mean the New
York State Chief Data Officer in the Office of Information Technology Services
or a designee thereof.
3. "Data"
shall mean final versions of statistical or factual information that (i) are in
alphanumeric form reflected in a list, table, graph, chart or other
non-narrative form, that can be digitally transmitted or processed; (ii) are
regularly created or maintained by or on behalf of a covered State entity and
are controlled by such entity; and (iii) record a measurement, transaction or
determination related to the mission of the covered State entity. The term
"data" shall not include image files, such as designs, drawings, photos or
scanned copies of original documents; provided, however, that the term "data"
shall include statistical or factual information about image files and
geographic information system data.
4. "Data set" means a named collection of
related records maintained on a storage device, with the collection containing
data organized or formatted in a specific or prescribed way, often in tabular
form.
5. "ITS" shall mean the New
York State Office of Information Technology Services.
6. "Publishable State data" shall mean data
that is collected by a covered State entity where the entity is permitted,
required or able to make the data available to the public, consistent with any
and all applicable laws, rules, regulations, ordinances, resolutions, policies
or other restrictions, requirements or rights associated with the State data,
including but not limited to contractual or other legal orders, restrictions or
requirements. Data shall not be Publishable State data if making such data
available on the Open Data Website would violate statute or regulation (e.g.,
disclosure that would constitute an unwarranted invasion of personal privacy),
endanger the public health, safety or welfare, hinder the operation of
government, including criminal and civil investigations, or impose an undue
financial, operational or administrative burden on the covered State entity or
State.
C. Open Data
Website Administration.
1. The Open Data
Website shall be administered by ITS.
2. The Chief Data Officer ("CDO") and the
Chief Technology Officer within ITS shall coordinate implementation and
expansion of the Open Data Website to facilitate the sharing of information and
initiatives resulting from developments based on this Order.
3. Within 30 days after the date of this
Order, each covered State entity shall designate a Data Coordinator, who shall:
(i) have authority equivalent to that of a
Deputy Commissioner or the head of a division or department within the covered
State entity;
(ii) have knowledge
of data and resources in use by the entity; and
(iii) shall be responsible for that covered
State entity's compliance with this Order.
4. Within 45 days after the date of this
Order, ITS and the CDO shall establish a Data Working Group ("DWG") made up of
representatives from ITS and the Information Security division of ITS, the New
York State Office of General Services, the Division of Budget, a representative
from the Department of State with expertise in local government and at least
eight but no more than twelve Data Coordinators, who shall represent an
appropriate cross-section of covered State entities. The DWG shall assist the
CDO in carrying out his or her duties under this Order.
D. Publication of Data. All covered State
entities shall make their Publishable State data available on the Open Data
Website as follows and in accordance with the Open Data Handbook to be
promulgated by ITS:
1. Each covered State
entity shall create a catalogue of their Publishable State data within 180 days
after the date of this Order.
2.
Each covered State entity shall, within 180 days after the date of this Order,
propose a schedule to ITS and the CDO for making its Publishable State data
publicly available. Such schedules shall be made publicly available and provide
for updating the data catalogue as appropriate.
3. Each covered State entity shall create
schedules and prioritize data publication in accordance with guidelines set
forth in the Open Data Handbook.
E. Opportunity for Localities to Participate.
Localities are invited, and are encouraged, to submit data to the Open Data
Website for publication in accordance with guidelines set forth in the Open
Data Handbook. ITS shall assist localities so they may use the Open Data
Website. Such assistance shall include, but not be limited to, technical
assistance and expertise, and accommodations shall be made for variations among
local governments' capacity and equipment.
F. Open Data Handbook. ITS, in consultation
with the DWG, shall issue guidance to covered State entities on implementing
this Order in the Open Data Handbook.
1. The
Open Data Handbook shall:
a. provide models
and guidelines for covered State entities to follow when creating their data
catalogues;
b. provide guidance to
covered State entities on setting a schedule for initial and ongoing
publication of data on the Open Data Website including but not limited to
requiring:
i. consultation with the directors
and staff of the covered State entity's public affairs or public information,
legal and Freedom of Information Law ("FOIL") offices;
ii. prioritization of publication of data
based on the extent to which the data can be used to increase the covered State
entity's accountability and responsiveness, improve public knowledge of the
entity and its operations, further the mission of the entity, create economic
opportunity, or respond to a need or demand identified after public
consultation;
c. provide
guidelines for identifying and reviewing publishable State data by covered
State entities before publication;
d. provide uniform standards for the format
of data submitted for publication on the Open Data Website;
e. set forth the Open Data Website terms of
use;
f. provide guidelines on
participation by agencies and authorities other than covered State entities and
participation by localities;
g.
provide guidance on the publication of narrative data, such as reports;
and
h. set forth any further
definitions and guidance necessary for the implementation of this
Order.
2. Within 90 days
after the date of this Order, ITS shall issue a provisional Open Data Handbook.
Within 240 days after the date of this Order, ITS shall issue a final Open Data
Handbook.
3. The provisional and
final Open Data Handbook shall be made public by ITS and the CDO, including
through the Open Data Website. ITS shall solicit and consider comments and
suggestions related to the Handbook from State agencies, authorities,
localities and the public.
4. The
Open Data Handbook may be amended by ITS from time to time.
G. Notification to the Public of
Ongoing Publication of Data. The public shall be notified of additions and
updates to the data catalogue contained on the Open Data Website.
H. Participation by Other State Entities. New
York State agencies and authorities other than covered State entities shall be
permitted, and are encouraged, to submit data to the Open Data Website for
publication in accordance with guidelines set forth in the Open Data
Handbook.
I. Covered State entities
and all other participating agencies, authorities and localities shall not be
prevented from publishing data in advance of the dates set in their schedules
if the data has been approved for publication by ITS.
Signed: Andrew M. CuomoDated: March 11, 2013
