From Open Knowledge Foundation

Environmental Data in Law and Policy

This is intended to be a brief overview of law, policy and other matters specifically pertaining to environmental data is different jurisdictions. For more general information on rights in data in different jurisdictions, please see our draft Guide to Open Data Licensing.

See the Open Environmental Data page for background.

International

The World Meteorological Organization (WMO) is "the UN system's authoritative voice on the state and behaviour of the Earth's atmosphere, its interaction with the oceans, the climate it produces and the resulting distribution of water resources". The WMO

 ...promotes cooperation in the establishment of networks for making meteorological, climatological, hydrological and geophysical observations, as well as the exchange, processing and standardization of related data, and assists technology transfer, training and research. It also fosters collaboration between the National Meteorological and Hydrological Services of its Members and furthers the application of meteorology to public weather services, agriculture, aviation, shipping, the environment, water issues and the mitigation of the impacts of natural disasters. 

 WMO facilitates the free and unrestricted exchange of data and information, products and services in real- or near-real time on matters relating to safety and security of society, economic welfare and the protection of the environment. It contributes to policy formulation in these areas at national and international levels.

The WMO also set up the Intergovernmental Panel on Climate Change (IPCC), which reports on the probable impact of climate change (based on published and peer reviewed material). Its role is to:

 ...assess on a comprehensive, objective, open and transparent basis the scientific, technical and socio-economic information relevant to understanding the scientific basis of risk of human-induced climate change, its potential impacts and options for adaptation and mitigation.

The IPCC Task Group on Data and Scenario Support for Impacts and Climate Analysis (TGICA) also set up the Data Distribution Centre (DDC).

The WMO is also responsible for the Global Runoff Data Centre (GRDC) - an international repository for global river discharge data. (Cf. their data policy.)

The WMO has published a series of resolutions, reports and other documents pertinent to the availability, pricing of environmental data and environmental data re-use policies, including:

• WMO Resolution 21, 1995
• WMO Resolution 25, 1999
• WMO Resolution 40, 1995
• 837 - Exchanging meteorological data. Guidelines on relationships in commercial meteorological activities-WMO policy and practice (Background information to Resolution 40.)
• WMO Report (2001): Exchange of hydrological data and products by P. Mosley, WMO TD No.1097 and TD74
• WMO Brochure (2001): Exchanging Hydrological Data and Information, WMO No.925

Cf.:

• WMO publications page
• WMO exchanging data page
• GRDC WMO Resolutions page
• Resolution 40

UK

The Environmental Information Regulations 2004 (EIRs) came into force in January 2005, to correspond with the Freedom of Information 2000. This gives the UK public a right to access (but not necessarily to re-use or re-distribute) 'environmental information' held by public authorities, which includes:

 [...] any information in written, visual, aural, electronic or any other material form on ... 
   (a) the state of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction among these elements;


   (b) factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment referred to in (a); [...]

Paragraphs (c) to (f) include other kinds of information including policy and legislative documents, reports, analyses, and information about human health and safety insofar as these are effected by elements in (a).

For further information see Defra's EIRs page.

The National Environmental Research Council (NERC) also publishes a data policy (which it appears they are currently soliciting for comments on!).

US

Material produced in the normal operations of a US government department can be exempt from copyright law and hence in the public domain. Hence there are numerous sources of environmental data that is effectively open.

Many government departments that deal with environmental data make this clear, but specify that it is worth checking that there are no materials contributed from non-government sources which may be subject to copyright law. For example, the US Environmental Protection Agency's website says:

 Is the information, pictures or logos on the EPA Web site or in EPA brochures copyrighted?

 Answer: According to the United States Code Title 17, Section 105, copyright protection is not provided for any work produced by the United States Government.

 However, if the government document contains any materials produced by sources other than the United States Government, this material may be protected by copyright. If this is the case, you will need to contact the producer of the material in order to obtain permission or details on the information it contains.

The American Meteorlogical Society issued a statement on the potential benefits of open (or at least freely accessible) environmental data in their Free and Open Exchange of Environmental Data, which was adopted by the council in January 2002.