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SB-573 Statewide open data portal.(2015-2016)

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SB573:v95#DOCUMENT

Amended  IN  Assembly  July 09, 2015
Amended  IN  Assembly  June 23, 2015
Amended  IN  Senate  June 02, 2015
Amended  IN  Senate  May 05, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill No. 573


Introduced by Senator Pan
(Principal coauthor: Assembly Member Ting)

February 26, 2015


An act to add Chapter 7.7 (commencing with Section 11795) to Part 1 of Division 3 of Title 2 of the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


SB 573, as amended, Pan. Statewide open data portal.
Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. The act declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. Existing law also requires every public agency to comply with the California Public Records Act and with any subsequent statutory enactment amending the act, or enacting or amending any successor act.
This bill would require a Chief Data Officer to be appointed by the Governor, on or before July 1, 2016, subject to Senate confirmation. The Chief Data Officer would report to the Secretary of Government Operations. The bill would require the Chief Data Officer to, among other things, create the statewide open data portal, as defined, to provide public access to data sets from agencies within the state. The bill would require each agency, as defined, to publish a summary listing of all of its available data sets on the portal. The bill would also require state agencies identified by the Chief Data Officer to appoint a data coordinator who would be responsible for compliance with these provisions. The bill would require any data published on the statewide open data portal or other open data portal operated by an agency to comply with all state and federal privacy laws and regulations. The bill would prohibit these provisions from affecting the obligation of an agency to provide notices or information to the public.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 7.7 (commencing with Section 11795) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER  7.7. Statewide Open Data Portal

11795.
 For purposes of this chapter, the following terms have the following meanings:
(a) “Agency” means, but is not limited to, a state agency, authority, board, bureau, commission, council, department, division, or office.
(b) “Data set” means any information comprising a collection of information held in electronic form where all or most of the information in the collection has been obtained or recorded for the purpose of providing an agency with information in connection with the provision of a service by the agency or the carrying out of any other function of the agency, is factual information that is not the product of analysis or interpretation other than calculation, and remains presented in a way that has not been organized, adapted, or otherwise materially altered since it was obtained or recorded.
(c) “Inventory” means a summary listing of all available data sets within an agency. The listing shall include, but is not limited to, a descriptive title of the data set as well as a brief informative description of what information may be found within the data set.
(d) “Open data roadmap” means a strategic plan describing the process by which 100 percent of the data held by an agency will be made publicly available, subject to any state or federal law or regulation relating to privacy. The roadmap shall include, but is not limited to, an agency’s data inventory, a proposed timeline for the release of data sets on a statewide or agency basis, and a methodology for compliance with any state or federal law or regulation relating to privacy.
(e) “Statewide open data portal” means a centralized data Internet Web site, with the ability to display and export data published from state agencies. For purposes of this chapter, data.ca.gov may be utilized as the statewide open data portal.

11795.1.
 (a) There is in state government an executive officer known as the Chief Data Officer, who shall report to the Secretary of Government Operations.
(b) On or before June 1, 2016, a Chief Data Officer shall be appointed by the Governor, subject to Senate confirmation.
(c) (1) On or before October 1, 2016, the Chief Data Officer shall create an inventory of all available data in this state.
(2) (A) On or before January 1, 2017, the Chief Data Officer shall, in cooperation with the Department of Technology, create a statewide open data portal that is accessible to the public. The Chief Data Officer may elect to utilize data.ca.gov to satisfy the requirements of this section.
(B) The Chief Data Officer shall publish a listing of all data that may be provided to the public, subject to any state or federal privacy laws or regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg).
(C) The Chief Data Officer shall, after each agency assesses its data inventory, create a statewide open data roadmap and shall publish the open data roadmap on the statewide open data portal.
(D) On or before June 1, 2017, the Chief Data Officer shall ensure that at least 150 data sets have been published on the statewide open data portal.
(E) The statewide open data portal shall include a link to the Internet Web site of any agency that publishes its data on that site pursuant to subparagraph (B) of paragraph (3) of subdivision (f), including a link to any existing open data Internet Web site, including, but not limited to, https://bythenumbers.sco.ca.gov/ and https://chhs.data.ca.gov/.
(F) The Chief Data Officer shall make the statewide open data portal available to any city, county, city and county, district, or other local agency interested in using the statewide open data portal to publish its own data. Any data published by a city, county, city and county, district, or other local agency shall comply with all state or federal privacy laws or regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg).
(3) Notwithstanding Section 10231.5, on or before January 1, 2018, and each year thereafter, the Chief Data Officer shall publish a progress report for open data within the state. The progress report shall include, but is not limited to, an assessment of outcomes from the implementation of this section, innovation of the statewide open data portal, whether there has been any cost savings as a result of implementation of this section, and an assessment of agency collaboration.
(d) On or before January 1, 2017, in consultation with the Attorney General, the Chief Data Officer shall publish a set of guidelines for use by each agency. The guidelines shall include, but are not limited to, definitions and assessments of security, privacy, and legal concerns related to the creation of an inventory and publication of data.
(e) On or before October 1, 2016, the Chief Data Officer shall create an open data working group. The open data working group shall consist of state agencies’ data coordinators, appointed pursuant to paragraph (1) of subdivision (f), and shall be headed by the Chief Data Officer. The open data working group shall meet at least quarterly, and shall do, but is not limited to, all of the following:
(1) Assess progress on the open data roadmap.
(2) Discuss and recommend statewide policies and guidelines.
(3) Share best practices across agencies.
(4) Coordinate data sharing between agencies.
(f) (1) On or before August 1, 2016, state agencies identified by the Chief Data Officer shall appoint a data coordinator who shall be responsible for compliance with this chapter. The data coordinator may appoint a data steward for each data set the agency intends to publish.
(2) On or before October 1, 2016, each agency shall identify any data set within the agency and shall transmit the inventory to the Chief Data Officer in the form he or she prescribes.
(3) (A) On or before November 1, 2016, each agency shall create a plan for publication of any inventory that may be published.
(B) The agency shall publish its inventory on the statewide open data portal and may additionally publish its inventory on its own Internet Web site. If the agency chooses to publish the inventory on its own Internet Web site, the agency shall include on that site a link to the statewide open data portal site. portal.
(C) Any inventory published by an agency shall comply with all state and federal privacy laws and regulations, including, but not limited to, privacy provisions in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 300gg).
(g) Agencies are authorized to apply for and accept public, private, and not-for-profit funding for the purpose of developing, implementing, or managing the statewide open data portal infrastructure and software pursuant to this chapter. These funds shall be expended for this purpose upon appropriation by the Legislature.

11795.2.
 This chapter shall not affect the obligation of an agency to provide any notice or information to the public under any other law.