Amended in Assembly June 23, 2015

Amended in Senate June 2, 2015

Amended in Senate May 5, 2015

Senate Bill No. 573

Introduced by Senator Pan

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(Principal coauthor: Assembly Member Ting)

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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.

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 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 begin delete to end delete begin insert to, end insert 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.

(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.