Don't Alberta statutes define what any government operating within
Alberta can and can't do with public records?
For example, the statutes should define whether the City of Calgary can
add additional conditions of release of public records such as an
indemnification clause or the "unlawful purposes" clause.
List of public records laws websites in Canada:
https://en.wikipedia.org/wiki/Freedom_of_information_in_Canada
Alberta's Freedom of Information and Protection of Privacy Act
http://www.qp.alberta.ca/1266.cfm?page=F25.cfm&leg_type=Acts&isbncln=9780779743568
Search on "unlawful" in the doc:
---
Disclosure harmful to law enforcement
20(1) The head of a public body may refuse to disclose
information to an applicant if the disclosure could reasonably be
expected to
(k) facilitate the commission of an unlawful act or hamper the
control of crime,
----
Search on "indemnification" and "indemnify" in the doc:
----
no results
----
On the unlawful part, doesn't seem to me that OSM "reasonably expects
users of OSM to (k) facilitate the commission of an unlawful act or
hamper the control of crime". Why would the city release the addresses
at all if the city "reasonably expects..."
On the in indemnification part, I'm not sure which way that goes. For
example, if its not addressed in the statute, they can't add that. Or if
its not in the statue, they can add that. Seems to me if it was the
latter, then they could add whatever restrictions they wanted and that
would go against the spirit of the law. Is the indemnification clause
something that is just generically added to many documents that are
produced by the city?
The point is that the cities public records laws are governed by the
province's public records laws and they can't just add things they feel
like. And if they do and it clearly doesn't square with the law, it can
be ignored.
If its not so clear, then I suppose clarification from the city is the
best option. A small team of lawyers to help with clarification would be
nice. Does OSM have any legal volunteers that help out with these issues?
Brian
On 7/19/2016 7:32 AM, James wrote:
If Calgary is able to change to the open gov license v.2
(http://open.canada.ca/en/open-government-licence-canada) it would be
compatible with openstreetmap, but until then the chance of getting
sued and the specific clause against possible illegal activities
(which would invalidate our license agreement) prevent us from
importing the data
/EndOfDiscussion
On Jul 19, 2016 7:24 AM, "Greg Troxel" <[email protected]
<mailto:[email protected]>> wrote:
>
> >
>
> James <[email protected] <mailto:[email protected]>> writes:
>
> > To the fullest extent permitted by law, you shall indemnify and save
> > harmless The City, from any claim, loss, damage, injury or
liability of any
> > kind, nature and description (including, without limitation,
incidental and
> > consequential damages, court costs, attorney’s fees and costs of
> > investigation), that arise directly or indirectly, in whole or in
part,
> > from your use of the Data, including without limitation your use
of the
> > Data in a Derivative Work. In addition to your obligation to
indemnify The
> > City, you specifically acknowledge and agree that you have an
immediate and
> > independent obligation to defend The City from any claim which
actually or
> > potentially falls within this indemnification provision, even if the
> > allegations are or may be groundless, false or fraudulent, which
obligation
> > arises at the time such claim is tendered to you by The City and
continues
> > at all times thereafter. THE CITY IS NOT RESPONSIBLE FOR ANY
LIABILITY FOR
> > ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES
RESULTING
> > FROM THE USE, MISUSE OR MISINTERPRETATION OF ANY CONTENT, PRODUCTS OR
> > SERVICES PROVIDED BY THIS SITE.
>
> I agree that an indemnification clause is totally unacceptable. Until
> that's fixed, the rest of the discussion is just an excuse for nerds to
> argue :-)
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