Bill > A3955

Introduced Session

The purpose of this bill, designated as the "New Jersey Open Data Initiative," is to require that certain information generated by State departments and agencies be provided on the Internet to the public and other State departments and agencies. Specifically, the bill provides that a Chief Data Officer is to be appointed by the Chief Technology Officer, after consultation with the State Treasurer. The Chief Data Officer, in cooperation with the State Treasurer, is to be responsible for overseeing and implementing a unique, dedicated open data website and any additional or existing open data websites linked thereto by an agency. The Chief Data Officer is to have the authority to: 1) establish, in consultation with the Attorney General, procedures, standards, and best practices regarding the appropriate access and presentation of open data and datasets by each agency; 2) develop a dataset format standard to be used by all agencies in providing their datasets to the Chief Data Officer, or in making their data available on their own websites, and ensure that under the standard, the datasets would be accessible in a non-proprietary, machine-readable format that is compliant with federal and State accessibility rules and requirements and implemented on a schedule deemed appropriate by the Chief Data Officer; 3) monitor and ensure compliance with the procedures, standards, and policies adopted pursuant to this bill; 4) provide such management and technical assistance as the Chief Data Officer deems necessary to ensure that there is ready access to the open data and datasets available to the public and agencies; and 5) develop, in conjunction with the Attorney General, a methodology to review and reconcile inter-agency disputes regarding access to open data and datasets, and privacy issues. The Chief Data Officer, with the cooperation of the State Treasurer, is to be responsible for: 1) creating and maintaining a unique, dedicated website that either provides datasets maintained and provided by agencies or searchable links to datasets hosted by agency websites; 2) updating datasets and links as they are provided by an agency; and 3) monitoring agency websites to make certain they follow the policies and procedures established by the Chief Data Officer pursuant to this section. Each agency is to either provide datasets to the Chief Data Officer, in a format determined thereby, or create and maintain on the agency's website links to the datasets hosted by the agency. Agencies that choose to host their open datasets on their own websites are to provide links to the Chief Data Officer for publication thereof on the dedicated website maintained for that purpose by that officer. Each agency is to adopt policies that are consistent with the open data security and technical standards, policies, and practices established by the Chief Data Officer that govern access to open data and datasets available on the open data website of the agency. In addition, each agency is to: 1) create, maintain, and post on its open data website an inventory of all its open data and datasets pursuant to the standards and timetables established by the Chief Data Officer; 2) include on the open data website appropriate explanations about the open data, its format, how often the open data and datasets are updated, and how notice regarding such updates can be obtained; and 3) assist users to gain access to the open data and datasets of the agency through the deployment of online access tools, and the development and publication of application program interfaces. Each agency is to update the open data and datasets on the timetable and in the manner determined by the Chief Data Officer. Unless a fee is required by law, open datasets are to be provided to the public by an agency without cost to the public. A dataset that is licensed to the State by a person that is not an employee thereof or by an entity that is not a public entity cannot be made available to the public on the open data website of an agency until the dataset has been reviewed by the Attorney General pursuant to guidelines established thereby, and the person or entity licensing the data agrees to the public disclosure and to the form of such disclosure. All open data and datasets are to be consistent with applicable law, including P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act, and other State and federal laws related to information security and privacy. The open data and datasets made available by an agency on its open data website cannot include data that is not subject to public disclosure under such laws. Open data and datasets made available by an agency on its open data website, unless subject to a disclosed legal restriction, would be treated as license-free, subject to reuse, and not subject to copyright restrictions. Unless specifically prohibited by a contract, open data and datasets containing data created or maintained by a contractor under contract to, or licensed from, an agency are to be made available on the open data website of the agency or another agency. Each such contract would be subject to the provisions of this bill and any applicable federal and State law, including but not limited to, P.L.1963, c.73 (C.47:1A-1 et seq.), known commonly as the open public records act.

Committee Categories

Arthur Barclay (D)*,  Jamel Holley (D)*,  Benjie Wimberly (D)*,  Herbert Conaway (D),  Troy Singleton (D), 

Substituted by S727 (SCS/2R) (on 12/19/2016)