Open Government Data Ordinance (OGDV) - Scope (OGDV)

1. This regulation applies to the departments, the state chancellery, the offices, and enterprises of the canton.

1. Open Government Data (OGD) describes the principle of making government data that does not contain protected content available to everyone in a machine-readable form and without restriction for free use.

2. Government data are data that arise in the course of fulfilling the duties of the canton. No additional data is collected for the implementation of OGD.

1. The following terms are defined

1. Open Government Data (OGD): Data published by the administration in the sense of OGD, along with the associated metadata. This refers to content-related and structured data that is available digitally.

2. Metadata: Information about data that helps data users to use it correctly. This includes, specifically: a description of the content of the data, information on data provenance, data quality, data status, and the authority responsible for the data.

3. Protected Data: Data for which there is an overriding public or private interest against publication, or which is prohibited by law.

4. Open by Default: Principle according to which government data is generally open, unless it is classified as protected with justification.

5. Data Platform: An online platform on which the open government data is made accessible.

1. The data of the cantonal administration is published in the sense of OGD. The principle of "Open by Default" applies.

1. Protected data will not be disclosed.

2. If the need for protection can be maintained through technical measures such as, in particular, anonymization, pseudonymization, aggregation, or the omission of content, the data can be published as Open Government Data (OGD).

1. The OGD Coordination Office plans and coordinates the implementation of OGD.

2. It performs the following tasks

1. Professional management of OGD

2. Planning the release of open administrative data

3. Supporting the departments, the State Chancellery, offices, and businesses in the classification and prioritization of their administrative data in accordance with § 11 and § 12

4. Assisting the departments, the State Chancellery, offices, and businesses in the preparation, publication, and maintenance of open administrative data along with the associated metadata

5. Development of guidelines and tools

6. Reviewing compliance with standards for the publication of open administrative data along with the associated metadata

7. Operation of the data platform for the centralized provision of open administrative data

8. Internal and external communication regarding OGD

9. Promoting the use of open administrative data

10. Collaboration and coordination with entities responsible for OGD at the federal level, cantons, municipalities, and with third parties

3. For geodata published in the sense of OGD, the Office for Geoinformation is responsible for preparation and publication. The open geodata is made accessible through automated processes via the cantonal data platform.

1. The departments, the state chancery, the offices, and enterprises are responsible for the preparation and publication of their data as open government data.

2. They perform the following tasks concerning OGD

1. Determining the administrative data to be released according to § 4 and § 11

2. Establishing the sequence of data publication according to § 12

3. Preparing the data along with associated metadata for publication as open government data, if necessary, with the implementation of technical measures according to § 5 paragraph 2

4. Publishing and maintaining the open government data along with the associated metadata

5. Reporting new data sets to the OGD coordination office

6. Considering OGD in new projects and endeavors, especially when introducing new or further developing existing specialized applications through export possibilities or interfaces

7. Appointing a person responsible for implementing these tasks as a contact person for the OGD coordination office

1. The OGD Coordination Office collaborates with the agencies responsible for OGD at the federal level.

2. The collaboration primarily aims to ensure that administrative data and metadata are published according to uniform standards.

1. The OGD Coordination Office exchanges information with the OGD specialist departments of other cantons and municipalities as well as with other offices. The exchange aims to achieve

1. Utilization of synergies in the area of OGD

2. Coordination of the content and format of data offerings

2. The canton may provide the cantonal data platform to political municipalities and school municipalities for the provision of open administrative data for a fee.

1. Collaboration between the OGD Coordination Office and the OGD Contact Persons is promoted.

2. The exchange and collaboration aim to achieve

1. Utilization of synergies in the field of data and OGD within the cantonal administration

2. Coordination with data-relevant projects of the cantonal administration

3. Improvement of processes and data offerings

4. Promotion of skills in handling data

1. The administrative data to be released are determined by the departments, the state chancellery, the offices, and the enterprises.

2. They regularly review which data within their area of responsibility can be published as open government data (OGD). The data are classified as follows

1. Suitable for OGD (§ 4)

2. Suitable for OGD after the implementation of technical measures (§ 5 para. 2)

3. Not suitable for OGD (§ 5 para. 1)

3. The classification of the data is documented in accordance with the guidelines of the OGD Coordination Office. Data classified as not suitable for OGD must be justified in the documentation.

4. In case of disagreement over the classification, the OGD Coordination Office issues a recommendation to the responsible department or the state chancellery. The department or the state chancellery makes the final decision on the classification of the administrative data.

1. Prioritization of the Publication of Administrative Data

The prioritization of the publication of administrative data is conducted by the departments, the state chancellery, the offices, and businesses in collaboration with the OGD Coordination Office. It is based on the following criteria

1. Effort required for publication

2. Expected public interest

1. The administrative data to be released pursuant to § 11 para. 2 no. 1 and no. 2 shall be prepared for publication by the departments, the state chancellery, the offices, and enterprises.

2. The guidelines issued by the OGD Coordination Office shall apply to the preparation and publication of open administrative data.

3. Processes for the preparation and publication of open administrative data shall be automated whenever possible.

1. Upon the first publication, the departments, the state chancery, the offices, and enterprises, in cooperation with the OGD coordination unit, determine whether and at what intervals they will update the administrative data and metadata.

1. The canton guarantees that open administrative data is freely accessible through a cantonal data platform and can also be obtained through the national OGD portal.

1. Open government data are provided free of charge.

2. They may be edited, redistributed, and used commercially.

3. Exceptionally, an obligation to provide a source attribution may be imposed. This must be justified.