2017 ORS 276A.509¹
Public body duty to share geospatial framework data with council
  • conditions and exceptions
  • methods for sharing
  • limitations of liability

(1)(a) Subject to ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) and except as provided in paragraph (b) of this subsection, a public body shall share all geospatial framework data that the Oregon Geographic Information Council designates for sharing if:

(A) The public body does not incur costs other than the costs that the public body would incur as a custodian of the geospatial framework data; and

(B) The public body uses existing data and existing resources to share the geospatial framework data.

(b) Critical infrastructure information is not subject to the requirement under paragraph (a) of this subsection to share geospatial framework data, but a public body may choose to share with other public bodies critical infrastructure information of which the public body is a custodian under conditions the public body specifies.

(2)(a) A public body that shares geospatial framework data in accordance with subsection (1) of this section shall:

(A) Share the geospatial framework data in compliance with standards for data interchange, data formatting and data storage that the Oregon Geographic Information Council adopts by rule. If the council has not adopted standards or if the public body does not ordinarily maintain the geospatial framework data in accordance with the standards the council adopts, the public body shall share the geospatial framework data in the format in which the public body ordinarily maintains the geospatial framework data.

(B) Share the geospatial framework data at intervals that the council specifies by rule or, if the council does not specify an interval by rule, share the geospatial framework data annually.

(C) Retain custody of the public body’s geospatial framework data.

(b) A public body that shares geospatial framework data in accordance with subsection (1) of this section may:

(A) Transfer copies of the geospatial framework data to the State Chief Information Officer for storage in the geospatial data library described in ORS 276A.506 (Powers of council) (2)(c) and direct requests for the geospatial framework data to the individual that the State Chief Information Officer appoints under ORS 276A.515 (State geographic information officer).

(B) Share the geospatial framework data without entering into a written agreement with another public body.

(C) Prohibit the sharing or redistribution of the public body’s geospatial framework data if the public body notifies the Oregon Geographic Information Council in writing that the geospatial framework data is exempt from disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) because the public body claims a copyright or other proprietary interest in the geospatial framework data or for another reason the public body specifies in the notice.

(D) Withhold from public disclosure geospatial framework data that the council designates by rule as critical infrastructure information.

(c) A public body that receives geospatial framework data from another public body may not redistribute the geospatial framework data without specific authorization from the public body that shared the geospatial framework data.

(3) A public body that shares geospatial framework data in accordance with subsection (1) of this section is not liable for:

(a) Omissions, inaccuracies or other errors or defects in the geospatial framework data; or

(b) Damages, losses or claims that arise from receiving or using the geospatial framework data.

(4) The individual that the State Chief Information Officer appoints under ORS 276A.515 (State geographic information officer) shall:

(a) Take all reasonably necessary measures to:

(A) Secure information in the geospatial data library described in ORS 276A.506 (Powers of council) (2)(c) in accordance with standards, policies and procedures established or rules adopted by the State Chief Information Officer under ORS 276A.300 (Information systems security in executive department);

(B) Protect the availability, integrity and confidentiality of the geospatial data library; and

(C) Ensure that a recipient of geospatial framework data complies with the prohibitions a public body places on sharing or redistributing the geospatial framework data under subsection (2)(b)(C) of this section.

(b) Provide secure electronic means by which a public body may transmit geospatial framework data to and obtain geospatial framework data from the geospatial data library. [2017 c.166 §4]

Note: 276A.509 (Public body duty to share geospatial framework data with council) becomes operative January 2, 2020. See section 7, chapter 166, Oregon Laws 2017.

1 Legislative Counsel Committee, CHAPTER 276A—Information Technology, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors276A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.