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IV. Pre-Publication Consultations and Approvals

OPEN-NY requires agencies to engage in an internal review process and obtain approvals for the datasets which the agency wishes to commit to the OPEN-NY platform. Agencies are responsible for ensuring data content accuracy, and are responsible for ensuring compliance with all security, privacy, confidentiality laws, rules, and regulations, as well as any Intellectual Property Rights requirements and status under the NYS Freedom of Information Law (including whether data may lawfully be withheld under FOIL's limited exceptions).

For any particular dataset, at a minimum, agencies must receive explicit approval and sign-off from the individuals listed below. Standardized approval forms provided by ITS must be completed and signed prior to dataset publication. Agencies may determine additional internal approvals and signatures are required, and should include such additional personnel in their review and sign-off process.

  • Data Owner: This is typically the head of an agency department, a bureau director, or person situated similarly within the agency and likely to have been directly involved with the collection of the data. The Data Owner will have the greatest familiarity with and knowledge of the da-taset and the data it contains, and the purpose for the collection of the data. The Data Owner should know the accuracy and currency of the data, and be best able to describe and fill in the metadata elements describing the data. Approval by the Data Owner also validates that the agency has obtained permission and knowledge from the department which is most responsible for the specific data. (This may also be referred to as Program owner, or Data Steward)
  • Legal counsel (e.g. in-house or an outside attorney where applicable): Legal counsel will likely be in the best position to determine whether the dataset has internally been reviewed suffi-ciently to ensure compliance with privacy and security requirements, intellectual property rights, and FOIL responsibilities. It is recommended that the legal counsel consult with the agency's chief privacy official, chief security officer, FOIL officer, or records access officer.
  • Point of Contact: (e.g., the agency's Data Coordinator): The Point of Contact is the liaison be-tween OPEN-NY and the agency. This person is best-positioned to convey to the Data Owner any specific needs of the OPEN-NY platform maintainers for the data to be formatted or defined in an optimal manner for publication. (For example, an individual dataset may need to be cleansed to remove extraneous, non-machine-readable elements). This person also serves as an additional internal control ensuring the dataset has been properly evaluated before being provided to OPEN-NY.
  • Chief Executive, or his/her designee: Approval by the head of the agency ensures full knowledge within the agency and that the agency is providing a dataset to OPEN-NY under full authority to do so. It also may serve as the ultimate internal control to exercise authority within the agency to ensure proper evaluations of the datasets have been completed.