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II. GOVERNANCE / AUTHORITY

###A. Executive Order No. 95 The goal of Executive Order No. 95, Using Technology to Promote Transparency, Improve Government Performance and Enhance Citizen Engagement, was to direct covered state entities to identify, prioritize and timely release all “Publishable State Data” to a single-stop online Open Data Website, established and maintained by ITS, for collection and public dissemination. The idea behind Open NY is to make Publishable State Data easier to find and use, so both agencies and the public save time and resources while getting the most value from the data.

####Definitions:

Covered State entity: shall mean (i) any State agency or department, or any office, division, bureau, or board of such State agency or department, except where the head of such agency or department is not appointed by the Governor, (ii) any State board, committee, or commission, at least one of whose members is appointed by the Governor, and (iii) all public-benefit corporations, public authorities and commissions, for which the Governor appoints the Chair, the Chief Executive, or the majority of Board Members, except for the Port Authority of New York and New Jersey.

Chief Data Officer: shall mean the New York State Chief Data Officer in the Office of Information Technology Services or a designee thereof;

Data: shall mean final versions of statistical or factual information that (i) are in alphanumeric form reflected in a list, table, graph, chart or other non-narrative form, that can be digitally transmitted or processed; (ii) are regularly created or maintained by or on behalf of a covered State entity and are controlled by such entity; and (iii) record a measurement, transaction or determination related to the mission of the covered State entity. The term “data” shall not include image files, such as designs, drawings, photos or scanned copies of original documents; provided, however, that the term “data” shall include statistical or factual information about image files and geographic information system data.

Data set: shall mean a named collection of related records maintained on a storage device, with the collection containing data organized or formatted in a specific or prescribed way, often in tabular form.

ITS: shall mean the New York State Office of Information Technology Services.

Publishable State data: shall mean data that is collected by a covered State entity where the entity is permitted, required or able to make the data available to the public, consistent with any and all applicable laws, rules, regulations, ordinances, resolutions, policies or other restrictions, requirements or rights associated with the State data, including but not limited to contractual or other legal orders, restrictions or requirements. Data shall not be Publishable State data if making such data available on the Open Data Website would violate statute or regulation (e.g., disclosure that would constitute an unwarranted invasion of personal privacy), endanger the public health, safety or welfare, hinder the operation of government, including criminal and civil investigations, or impose an undue financial, operational or administrative burden on the covered State entity or State;

####Executive Order No. 95 specifies the following:

1. Agencies Will Publish A Catalogue of Publishable Data:

Each covered State entity shall create a catalogue of their Publishable State data, and propose a schedule to ITS and the CDO for making its Publishable State data publicly available. Such schedules shall be made publicly available and provide for updating the data catalogue as appropriate. Each covered State entity shall create schedules and prioritize data publication in accordance with guidelines set forth in the Open Data Handbook. Executive Order Implementation Timeline Figure 1: Key Milestones

Executive Order Implementation Timeline Figure 1: Key Milestones Key Milestones

2. Open Data Website Administered by ITS:

The Executive Order creates an Open Data Website for the collection and dissemination of Publishable State Data. The website will be administered by the New York State Office of Information Technology Services.

3. Each Covered State Entity Will Designate A Data Coordinator:

Each Data Coordinator: (i) has authority equivalent to that of a Deputy Commissioner or the head of a division or department within the covered State entity; (ii) has knowledge of data and resources in use by the entity; and (iii) is responsible for that covered State entity’s compliance with the Executive Order.

4. ITS Will Form A Data Working Group (“DWG”):

The DWG will assist the CDO in carrying out his or her duties under this Order. The DWG is made up of representatives from ITS and the Information Security division of ITS, the New York State Office of General Services, the Division of Budget, a local government expert from the Department of State and eight to twelve Data Coordinators, who represent an appropriate cross-section of covered State entities.

5. ITS Will Publish An Open Data Handbook:

ITS, in consultation with the DWG, is required to issue guidance in this Open Data Handbook to covered State entities about implementing the Executive Order. Within 90 days after the date of the Executive Order, ITS shall issue a provisional Open Data Handbook. Within 240 days, ITS shall issue a final Open Data Handbook.

6. Opportunity for Localities to Participate:

Localities are invited, and are encouraged, to submit data to the Open Data Website for publication in accordance with guidelines set forth in this Open Data Handbook.

7. Participation by Other State Entities: New York State agencies and authorities other than covered State entities shall be permitted, and are encouraged, to submit data to the Open Data Website for publication in accordance with guidelines set forth in the Open Data Handbook.