How the Legal Issues of Privacy and Public Access to Data Can Significantly Influence the Use of Gis

8/14/2019 How the Legal Issues of Privacy and Public Access to Data Can Significantly Influence the Use of Gis

1/12

Page i of 12

ADEWUMI ROWLAND

HOW THE LEGAL ISSUES OF PRIVACY ANDPUBLIC ACCESS TO DATA CAN SIGNIFICANTLY

INFLUENCE THE USE OF GIS .

University of GreenwichDepartment of Earth & Environmental Sciences

University of Greenwich, Medway CampusPembroke, Chatham Maritime

Chatham, Kent ME4 4TBUNITED KINGDOM


2/12


3/12


4/12

How the use of GIS can be significantly i nfluenced by the legal issues of pri vacy and public access to data

ii

TABLE OF CONTENT

HOW THE LEGAL ISSUES OF PRIVACY AND PUBLIC ACCESS TO DATA

CAN SIGNIFICANTLY INFLUENCE THE USE OF GIS. ..............................ITABLE OF CONTENT...................................................................................................II

1 INTRODUCTION.................................................................................................1

2 LEGAL ISSUES ..................................................................................................22.1 PUBLIC ACCESS ...............................................................................................22.2 PRIVACY..............................................................................................................4

3 REFERENCES ....................................................................................................8


5/12

Page 1 of 12

1 INTRODUCTION

In her elaborative presentation, Clare (2004) stated that Increased computer

literacy in work place and realisation of importance of location and spatialinformation has make the growth of GIS so great in its application to solving GISrelated problem. However, legal issues of privacy, public access to data,copyrights and the value of public Information have limits GIS commercialdevelopment and potential, this is in contrast to and despite greater publicawareness of GIS. Serious legal considerations and application proceduresmust now be kept in mind during the creation, proposal, design andimplementation of large public and private GIS projects. Continuous debateboth in the past and now have been focusing on a number of key issues andquestions as regard significant influence by the legal issues of privacy andpublic access to data in promoting the development of GIS technology.(Margaret L, et al 2000) In his paper review Rado (2002) claims that, the mainlegal issues regarding how privacy and public access to data can significantlyinfluence the use of GIS are related to confidentiality protection in GISdatabases versus enabling public access to spatial data. Moreover, personaldata integrity of government policies for restrictive disposal and limited accessto spatial data influence GIS development and its usage. (Rado , 2002)


6/12

How use of GIS c an be si gnificantly influenced by the legal issues of privacy and public access to data

2 LEGAL ISSUES

Legal issues will either promote or limit the development of GIS technology and

its applications to the industry. GIS is all about data, as data encompass 75% ofall GIS projects. Unquestionably many legal considerations must now be kept inmind during the development of GIS projects.(Margaret L et al, 2000) Highersatellite spatial resolution images will increase GIS productivity, are the bestproducts spatial resolution images accessible? Is United Kingdom andAmericas intelligence in possessing of higher satellite imagery resolution like0.05 metre resolution imagery? Will public access to this data be made

possible? What security implications are under covered? Will its eventualcommercialisation invade peoples privacy? What of a secret GPS bugimplanted without a court order by the police on a suspect? Will spatial analysisand GIS generated data be accepted as court evidence? Can the governmentset limits on encryption? Is there a right to access personal information held inGIS databases and query it? These are some of legal issues that needextensive elaboration as relates to GIS in the present and in the future.

2.1 PUBLIC ACCESS

The government, educational institutions, individuals and the private sectorneed to communicate and develop better services using the power that lieswithin the GISmagic and technology. The reliance on information and dataanalysis capability of GIS are immeasurable and beneficial in term of its spatial

and modelling contents. Contrary to this, many government laws still governaccess to records, data and information worldwide and this have positively ornegatively influence the use of GIS depending on the situation. In Nigeria, whileGIS is accepted as a new technological innovation and advancement,duplication of effort in data capture is common at all level, which has called forpractitioners of GIS to realise that laws and policy coordination of effort isnecessary. Due to lack of a framework, public access to data is still a mirageand akin to a camel passing through a need. The lack of these institutionalspatial data policies has driven many organisations into creating their own


7/12

Page 3 of 12

datasets. Certainly, public access to this datasets will be limited, because it isproduced at individuals expense. If one needs similar data, you just have tocreate a new dataset. It is my opinion that the way forward for many African

countries is to resolve all negative and positive legal issues as relates to thisemerging technology of GIS in Africa. How much public information do privatecitizens have the right to demand, and can government agencies recover costsby selling public data created at their own expense? These are few questions inmy opinion that will have to be addressed.

However, in South Africa (Fiona F, 1999), limited law exists to control freepublic access to data to control GIS activities, which may have a potentiallynegative impact on the environment. This assessment of the environment usingGIS have been delegated to GIS consultant to produce and identify areas ofenvironmental sensitivity and to provide environmental managementparameters for these areas for any proposed development by individuals. Thelegislation also mandate GIS consultants to develop simple GISviewer toenable non -GIS specialists to access any information and without any extensive

training and to view the original datasets without having to purchase additionalsoftware and programs. All these are free, and at no cost. A parameter reportcan also be generated for selected areas, printed or saved for use in otherapplication of interest to the user. Such free and easy public access to data willdefinitely affect the growth of GIS and increase public awareness of GISpositively. This will move the country further into research and development,this free access to data will become a powerful tool in sustainable use and

management of environmental resources. The above South African example issimilar to Freedom of Information Act (FOIA) and Open Records Act of the US,but only that GIS consultant in South Africas case are mandated to produce,manipulate, and distribute these data at their own expenses.

What are the legal mechanisms in place to keep a terrorist group from eitherobtaining public data or purchasing imagery data for destructive ends? The

command link from satellites to the ground station are always encrypted andauthenticated. Encryption (Clare P, 2004), is when remote sensed satellite


8/12


imagery data are encoded so that only receiving s tations with decryption keyscan access and decode the data. Users who did not contribute to provisioncosts reasoned this to decreased commercial exploitation of the free the data.

This further explains why most satellite imagery companies won't sell data todefined terrorist nations or violate UN or bilateral trade restrictions. (Clare P,2004)

In September 27,2003 Nigeria launched her first ever satellite-the Nigeriasat-1.The signal of Nigeriasat-1 are encrypted and the code known to selected few toavoid the public access to the down-linked signals before the final images are

rolled out. This allows each DMC(Disaster Monitoring Constellation) countriesto also maintain its dependence. Despite Nigerias need for rapid developmentin GIS related technology, the Federal Government has entered into agreementwith DMC andReuters-Alertnet to provide free images in UN declaredemergency situations. It was also agreed that five percent of all images can begiven out free of charge on humanitarian ground. (Obiechina O, 2003).

Meanwhile, public accesses to this image are not free to Nigeria GIScommunities. In January 2004, Zephyrgold International Ltd. challenge theFederal Governments decision and its agreement with the DMC and wants freepublic access to all image data generated from NigeriaSat-1. Zephyrgold claimsthat the satellite was built at the expense of the taxpayers money and due tothe fact that it will also rapidly boost research in GIS, hence it should be free.The government on the other hand, claims the necessity of recouping some of

the expanded money on the project might not make it free to the public.

2.2 PRIVACY

In his presentation, Beth (1997) reviewed that different Information and spatialtechnologies are developing and advancing at such a rocket-pace that lawsare not keeping up with this growth. Advanced technology using GIS has giverise to a double-edged sword scenario with advantages and disadvantages. Thefollowing statement was written by Beth (1997) in 1977, twenty eight years ago,


9/12

Page 5 of 12

as part of the study to determine the effectiveness of the Privacy Act:The real danger is the gradual erosion of individual liberties through the automation,

integration, and interconnection of many small, separate record-keeping

systems, each of which alone may seem innocuous, even benevolent, and

wholly justifiable."

With an experience of secret GPS bug implanted without a court order by thepolice, then one might be forced to believe that it is becoming obvious that GIStechnology is negatively bringing about a decrease in personal privacy.Contrary to this opinion, many school of thought (Onsrud, H et al, 1994;Obiechina O, 2003) still believe that geographic information has nothing to dowith personal privacy but rather a factual information about land and resourcestelling us what, where, when and how this resources affect human lives.Nevertheless, because of GIS strong data integration and analysis capabilitiesand because most data are inherently local in nature, hence, the storage,display and analysis capabilities of GIS software make geographic informationsystems highly effective tools for analysing personal information. Hence, the

interference of ones personal privacy might be an added advantage to securityand to enhance government and private sector in providing better services.

Onsrud claimed that (Onsrud, H et al, 1994) GIS technology has the potential tobe far more invasive of personal privacy than many other informationtechnologies in the world. However, from another perspective, geographicinformation systems are proving to be powerful data integrating technologies.

Examples from the marketing community has shown that the ability to integratedata by tying that data to its geographic location is one of the marketingindustries most promising and powerful tools in compiling data from widelydisparate sources on households and individuals.

Secondly, another issue worth consideration of how use of GIS can besignificantly influenced by the legal issues of privacy is how the world powers in

satellite technology can decide to see on minute-to-minute basis who and who,what and what are in each individual countries with out recourse to any


10/12


governments permission. Examples are use of GIS in monitoring potentialterrorist movement, communication and e-commerce using GIS technology. InAfrica (Nigeria), the State Security Service (SSS) are using GIS technology to

monitor suspected potential terrorist (AIT, 2002), this is to convince thedeveloped communities affected most by terrorists of Nigerias cooperation andsupport in combating terrorist. Some concerned group in Nigeria have risenagainst this practice and have gone to necessary court of appeal to stop anyuse of GIS technology in invading their privacy. This will definitely affect the useand impact of GIS in Nigeria as a developing nation. The television quoted theNigerian law as contrary to this practice: Chapter IV, 37 of the 1999 Constitution

declares that "the privacy of citizens, their homes, correspondence, telephone conversations, and telegraphic communications is hereby guaranteed and

protected.".

Government security agencies are double standard and schizophrenic. Theywantstrong cryptography -difficult codes to break- for their own military, GIS anddiplomatic communications and weakcryptography to be used by adversaries,

so that they can easily break these codes. They campaign for privacy of citizensbut at the same time they would also like to be able to monitor communicationsand movement of criminals. At the time of writing this essay, the UKgovernment are proposing a legislation that would allow breaking into privatecommunication of suspected terrorists.

CONCLUSION

Copyrights, liability and the value of public Information are also significantdebate theme for further discussion on legal issues in GIS. It includes actionson GIS policy, and on related laws that may influence the development and useof GIS. In my opinion, developing countries support weaker laws and standardsas a way to encourage their own GIS development, while developed countriesprefers stricter standards and laws.The concept of a Global Spatial Data Infrastructure (GSDI) and its potentialrealisation has captured the imagination and attention of politicians,administrators, academia, industry and professionals. The GSDI consists of the


11/12


12/12


3 REFERENCES

1. African Independent News, 2002, Combating and prevention of Terroristrelated crime in Nigeria using Information Techniques, Crime Fighters, aproduction by Nigerian Police Force-Publicity department.

2. Beth Givens, 1997. Issues of Privacy and Access, San Diego CountyTechnology Summit, Available from:http://www.privacyrights.org/index.htm (Last accessed 12 September2005)

3. Clare Power, 2004, Commercialisation of GIS and RS:MSc Case Studies in GIS and Remote Sensing; Week 2 Lecture, Department ofEarth and Environmental Sciences, Greenwich University MedwayCampus

4. Fiona F, 1999, The South African Approach to the use of GIS inEnvironmental Management, EIS News, October 1999 Issue.

5. Margaret L, Kenneth E.F, 2OOO , Legal Issues Relating to GIS,Department of Geography, University of Texas at Austin, 2000. Availablefrom: http://www.colorado.edu/geography/gcraft/notes/legal/legal_ftoc.ht(Last assessed, 22 th August, 2005)

6. Onsrud, H.J., J. Johnson, and X. Lopez, 1994, Protecting PersonalPrivacy in Using Geographic Information System. PhotogrammetricEngineering and Remote Sensing Journal, 1994, LX (9), 1083-1095.

7. Obiechina O., November 2003, NigeriaSat-1 : The full story. Apco andAssociate Ltd: ISBN 978-2368-79-3; page 15-16

8. Rado , 2002, Legal Issues Regarding Spatial Data, University ofLjubljana, Faculty of Civil and Geodetic Engineering, Geodetic

Department, FIG XXII International Congress Washington, D.C. USA,April 19-26 2002

How the Legal Issues of Privacy and Public Access to Data Can Significantly Influence the Use of Gis

Documents

Transcript of How the Legal Issues of Privacy and Public Access to Data Can Significantly Influence the Use of Gis