This chapter contains the following key action:
1. Agencies must consider the Policy when developing and procuring datasets and databases.
8.1 Developing databases and datasets
When developing a database or dataset consideration should be given in the design phase to enabling public access to the data that is suitable for release under the Policy. There are many ways this can be achieved. It may be as simple as designing a report suitable for releasing to the public. It could also be as complex as developing a mirror image of the database on a separate server and developing an API that gives the public direct read access to a separate secure and stable instance of the dataset.
8.2 Procuring databases and datasets
The State enters into many contracts that result in the use, creation or assignment of data in some form. The data generated can be the purpose of the procurement (e.g. research), or arise incidentally. In both of these cases data IP rights and issues must be addressed.
Procurement processes and contracts must reflect the requirements of the Policy and the IP Policy for all State procurement.
When procuring databases and datasets agencies should secure appropriate permission to release the data when contracts are being developed or renegotiated. This should be done by including a clause in the contract to facilitate making datasets available to the public. The VGPB has developed standard contracts to support the release of open data.49 The following is an extract of a clause within the VGPB standard contract:
The ownership of all Data, including any Intellectual Property Rights, shall vest in the Organisation upon the time of its creation.
This is an intended departure from how other Intellectual Property is dealt with and consistent with both the DataVic and IP policies. For all other IP the Intellectual Property clause limits the states reuse of the IP and gives ownership of the IP to the supplier as noted below.
Contract Intellectual Property
(a) The ownership of any Contract Intellectual Property shall vest in the Supplier upon the time of its creation.
(b) The Supplier hereby irrevocably and unconditionally grants to the Organisation, free of additional charge, a non exclusive, worldwide perpetual, transferable licence (including the right to sublicense) to use, reproduce, adapt, modify, publish, distribute and communicate any Contract Intellectual Property only to the extent necessary to achieve the purposes of the procurement.
If an agency does not wish to maintain ownership of a dataset a contract to license the data to use, reuse and share should be negotiated.
Note: within the VGPB contracts the following terms are defined as:
- Data: any information, data, datasets or databases created by or on behalf of the supplier in the course of providing the services
- Organisation: Agency of the State of Victoria