Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2012/011.
As used in this chapter:
a. "Agency" means an office, administration, department, division, bureau, board, commission, advisory committee or other governmental entity performing a governmental function of the city of New York.
b. "Data" means final versions of statistical or factual information (1) in alphanumeric form reflected in a list, table, graph, chart or other non-narrative form, that can be digitally transmitted or processed; and (2) regularly created or maintained by or on behalf of and owned by an agency that records a measurement, transaction, or determination related to the mission of an agency. Such term shall not include information provided to an agency by other governmental entities, nor shall it include image files, such as designs, drawings, maps, photos, or scanned copies of original documents, provided that it shall include statistical or factual information about such image files and shall include geographic information system data. Nothing in this chapter shall be deemed to prohibit an agency from voluntarily disclosing information not otherwise defined as "data" in this subdivision, nor shall it be deemed to prohibit an agency from making such voluntarily disclosed information accessible through the single web portal established pursuant to section 23-502.
c. "Department" means the department of information technology and telecommunications or any successor agency.
d. "Determination" means any final decision made by an agency with respect to a person, including, but not limited to:
(1) eligibility for services or benefits;
(2) issuing a permit;
(3) registration, certification and licensing; and
(4) liability for civil and criminal penalties.
e. "Measurement" means to quantify by means of comparison to a reference standard any characteristic of an observable event, occurrence or object.
f. "Open standard" means a technical standard developed and maintained by a voluntary consensus standards body that is available to the public without royalty or fee.
g. "Public data set" means a comprehensive collection of interrelated data that is available for inspection by the public in accordance with any provision of law and is maintained on a computer system by, or on behalf of, an agency. Such term shall not include:
(1) any portion of such data set to which an agency may deny access pursuant to the public officers law or any other provision of a federal or state law, rule or regulation or local law;
(2) any data set that contains a significant amount of data to which an agency may deny access pursuant to the public officers law or any other provision of a federal or state law, rule or regulation or local law and where removing such data would impose undue financial or administrative burden;
(3) data that reflects the internal deliberative process of an agency or agencies, including but not limited to negotiating positions, future procurements, or pending or reasonably anticipated legal or administrative proceedings;
(4) data stored on an agency-owned personal computing device, or data stored on a portion of a network that has been exclusively assigned to a single agency employee or a single agency owned or controlled computing device;
(5) materials subject to copyright, patent, trademark, confidentiality agreements or trade secret protection;
(6) proprietary applications, computer code, software, operating systems or similar materials; or
(7) employment records, internal employee-related directories or lists, and facilities data, information technology, internal service-desk and other data related to internal agency administration.
h. "Technical standard" means (1) the common and repeated use of rules, conditions, guidelines or characteristics for products or related processes and production methods, and related management systems practices; and (2) (i) the definition of terms; (ii) classification of components; (iii) delineation of procedures; (iv) specifications of dimensions, materials, performance, designs or operations; (v) measurement of quality and quantity in describing materials, processes, products, systems, services or practices; (vi) test methods and sampling procedures; or (vii) descriptions of fit and measurements of size or strength.
i. "Transaction" means any interaction between an agency and any person related to the mission of an agency.
j. "Voluntary consensus standards body" means a domestic or international organization that develops and maintains a technical standard that utilizes a transparent deliberative process, permits the participation of any party, and achieves general consensus, although not necessarily unanimity, of the participating parties, including a process for attempting to resolve any differences in viewpoint.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2012/011.
Loading...