Amended in Senate May 5, 2015

Senate Bill No. 573

Introduced by Senator Pan

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 the Governor, on or before begin delete January end delete begin insert July end insert 1, 2016, to appoint a Chief Data Officer, who 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, begin insert to publish a summary listing of all of its available data sets on the portal and end insert to appoint a data begin delete coordinator, end delete begin insert coordinator end insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated 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 concrete 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. begin insert For purposes of this chapter,
data.ca.gov may be utilized as the statewide open data portal. end insert

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, the Governor shall appoint the
Chief Data Officer.

(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. begin insert The
Chief Data Officer may elect to utilize data.ca.gov to satisfy the
requirements of this section. end insert

(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, at no cost, 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,
begin delete 2017 end delete begin insert 2018 end insert , 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 each agency’s data coordinator, 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, each agency shall appoint
a data coordinator who shall be responsible for compliance with
this section. 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 begin delete may end delete begin insert shall end insert publish its inventory on begin delete its own
Internet Web site, or may utilize end delete the statewide open data portal
begin insert and may additionally publish its inventory on its own Internet Web end insert
begin insert site end insert . 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.

(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).

(4) (A) On or before January 1, 2018, each agency shall have
published at least 10 percent of its data sets.

(B) On or before January 1, 2019, each agency shall have
published at least 35 percent of its data sets.

(C) On or before January 1, 2020, each agency shall have
published at least 65 percent of its data sets.

(D) On or before January 1, 2021, each agency shall have
published at least 90 percent of its data sets.

(E) On or before January 1, 2022, each agency shall have
published begin delete at least end delete 100 percent of its data sets.

(F) Each agency shall update any published data sets as
necessary.