Page:Government Open Data License (India).pdf/4

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[Part I—Sec. 1]

The NDSAP identified the Department of Electronics & Information Technology (DeitY) as the nodal department for the implementation of the policy through National Informatics Centre, while the Department of Science and Technology continues to be the nodal department on policy matters. In pursuance of the Policy, the Open Government Data Platform India was launched in 2012.[1]

While, the appropriate open formats and related aspects for implementation of the Policy has been defined in the "NDSAP Implementation Guidelines" prepared by an inter-ministerial Task Force constituted by the National Informatics Centre,[2] the open license for data sets published under NDSAP and through the OGD Platform remained unspecified till now.

2. Definitions

a. "Data" means a representation of information [3], numerical compilations and observations, documents, facts, maps, images, charts, tables and figures, concepts in digital and/or analog form, and includes metadata,[4] that is all information about data, and/or clarificatory notes provided by data provider(s), without which the data concerned cannot be interpreted or used.[5]

b. "Data Provider(s)" means person(s) publishing and providing the data under this license.

c. "License" means this document.

d. "Licensor" means any data provider(s) that has the authority to offer the data concerned under the terms of this license.

e. "Adaptation" means any use of such work involving its re-arrangement or alteration.[6]

f. "Publication" means making a work available to the public by issue of copies, or by communicating the work to the public, in any medium or format.[7]

g. "Use" only for lawful purposes includes studying, copying, distribution, translation, value-addition to, adaptation of, creating derivative works (products and services) from the data, and publication of original and derived works, subject to the provisions of this License.

h. "User" means natural or legal persons, or body of persons corporate or incorporate, acquiring rights in the data (whether the data is obtained directly from the data provider(s) or otherwise) under this license.

i. "Attribution Statement" means a standard notice to be published by all users of data published under this license that contains the details of the provider, source, and license of the data concerned.[8]

j. "Personal Information" means any Information that relates to a natural person, which, either directly or indirectly, in combination with other Information available or likely to be available with a body corporate, is capable of identifying such person.[9]

3. Permissible Use of Data

  1. See:
  2. See section 3.2 of the Implementation Guidelines for National Data Sharing and Accessibility Policy (NDSAP) Version 2.2.
  3. See Section 2.7 of NDSAP, 2012.
  4. See Section 2.1 of NDSAP, 2012.
  5. See Section 2.6 of NDSAP, 2012.
  6. See Section 2 (a) (v) of the Copyright Act, 1957.
  7. See Section 3 of the Copyright Act, 1957.
  8. The template of the attribution statement is given in section 5 of the license.
  9. See section 2 (i) of Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.