Draft Open Data Policy for Qatar

The following post was originally published on the blog of our Open MENA community (Middle East and North Africa).

The Qatari Ministry of Information and Communication Technologies (generally referred to as ictQATAR) had launched a public consultation on its draft Open Data Policy. I thus decided to briefly present a (long overdue) outline of Qatar’s Open Data status prior to providing a few insights of the current Policy document.

Public sector Open Data in Qatar: current status

Due to time constraints, I did not get the chance to properly assess public sector openness for the 2013 edition of the Open Data Index (I served as the MENA editor). My general remarks are as follows (valid both end of October 2013 and today):

• Transport timetables exist online and in digital form but are solely available through non-governmental channels and are in no way available as Open Data. The data is thus neither machine-readable nor freely accessible — as per the Open Definition, — nor regularly updated.
• Government budget, government spending and elections results are nowhere to be found online. Although there are no elections in the country (hence no election results to be found; Qatar lacks elected Parliament), government budget and spending theoretically exist.
• Company register is curated by the Qatar Financial Centre Authority, is available online for anyone to read and seems to be up-to-date. Yet, the data is not available for download in anything other than PDF (not a machine-readable format) and is not openly licensed which severely restricts any use one could decide to make out of it.
• National statistics seem to be partly available online through the Qatar Information Exchange office. The data does not, however, seem to be up-to-date, is mostly enclosed in PDFs and is not openly licensed.
• Legislation content is provided online by Al-Meezan, the Qatari Legal Portal. Although data seems available in digital form, it does not seem to be up-to-date (no results for 2014 regardless of the query). The licensing of the website is not very clear as the mentions include both “copyright State of Qatar” and “CC-by 3.0 Unported”.
• Postcodes/Zipcodes seem to be provided through the Qatar Postal Services yet the service does not seem to provide a list of all postcodes or a bulk download. The data, if we assume it’s available, is not openly licensed.
• National map at a scale of 1:250,000 or better (1cm = 2.5km) is nowhere to be found online, at least I did not manage to (correct me if I am wrong).
• Emissions of pollutants data is not available through the Ministry of Environment. (Such data is defined as “aggregate data about the emission of air pollutants, especially those potentially harmful to human health. “Aggregate” means national-level or more detailed, and on an annual basis or more often. Standard examples of relevant pollutants would be carbon monoxides, nitrogen oxides, or particulate matter.”)

This assessment would produce an overall score of 160 (as per the Open Data Index criteria) which would rank Qatar at the same place as Bahrain, that is much lower than other MENA states (e.g., Egypt and Tunisia). A national portal exists but it does not seem to comprehend what open format and licensing mean as data is solely provided as PDFs and Excel sheets, and is the property of the Government. (The portal basically redirects the user to the aforementioned country’s national statistics website.) Lastly, information requests can be made through the portal.

The 2013 edition of the Open Data Barometer provides a complementary insight and addresses the crucial questions of readiness and outreach:

[There is] strong government technology capacity, but much more limited civil society and private sector readiness to secure benefits from open data. Without strong foundations of civil society freedoms, the Right to Information and Data Protection, it is likely to be far harder for transparency and accountability benefits of open data to be secured.
The region has also seen very little support for innovation with open data, suggesting the economic potential of open data will also be hard to realise. This raises questions about the motivation and drivers for the launch of open data portals and platforms.

Screenshot from the Open Data Barometer 2013.

2014 Open Data Policy draft

Given the above assessment, I was pleasantly surprised to discover that a draft Open Data Policy is being composed by ictQATAR. The document sets the record straight from the beginning:

Information collected by or for the government is a national resource which should be managed for public purposes. Such information should be freely available for anyone to use unless there are compelling privacy, confidentiality or security considerations by the government. […] Opening up government data and information is a key foundation to creating a knowledge based economy and society. Releasing up government-held datasets and providing raw data to their citizens, will allow them to transform data and information into tools and applications that help individuals and communities; and to promote partnerships with government to create innovative solutions.

The draft Policy paper then outlines that “all Government Agencies will put in place measures to release information and data”. The ictQATAR will be in charge of coordinating those efforts and each agency will need to nominate a senior manager internally to handle the implementation of the Open Data policy through the identification and release of datasets as well as the follow-up on requests to be addressed by citizens. The Policy emphasizes that “each agency will have to announce its “Terms of Use” for the public to re-use the data, requirement is at no fees”.

The Policy paper also indicates how the national Open Data portal will operate. It will be “an index to serve as gateway to public for dataset discovery and search, and shall redirect to respective Government Agencies’ data source or webpage for download”. Which clearly indicates that each individual Agency will need to create own website where the data will be released and maintained.

The proposed national Open Data portal is also suggested to operate as an aggregator of “all public feedback and requests, and the government agencies’ responses to the same”. Alongside, the portal will continue to allow the public to submit information requests (as per the freedom of information framework in the country). This is an interesting de facto implementation of the Freedom of Information Act Qatar still lacks.

The draft Policy further states:

Where an Agency decides to make information available to the public on a routine basis, it should do so in a manner that makes the information available to a wide range of users with no requirement for registration, and in a non-proprietary, non-exclusive format.

This is an interesting remark and constitutes one of my main points of criticism to the proposed paper. The latter neither contains a mention about what the recommended formats should be nor about licensing. Thus, one is left wondering whether the Agencies should just continue to stick to Microsoft Excel and PDF formats. If these were adopted as the default formats, then the released data would not be truly open as none of these two formats is considered open and the files are not machine-readable (a pre-requisite for data to be defined as open). Indeed, instead of going for a lengthy description of various formats, it would have been much more useful to elaborate on preferred format, e.g. CSV.

An additional concern is the lack of mention of a license. Even though the Policy paper does a great job emphasizing that the forthcoming data needs to be open for anyone to access, use, reuse and adapt, it makes no mention whatsoever about the envisioned licensing. Would the latter rely on existing Creative Commons licenses? Or would the ictQATAR craft its own license as have done other governments across the world?

An additional reason for concern is the unclear status of payment to access data. Indeed, the Policy paper mentions at least three times (sections 4.2 (i); 4.4 (ii); Appendix 6, ‘Pricing Framework’ indicator) that the data has to be provided at no cost. Yet, the Consultation formulates the question:

Open Data should be provided free of charge where appropriate, to encourage its widespread use. However, where is it not possible, should such data be chargeable and if so, what are such datasets and how should they be charged to ensure they are reasonable?

This question indicates that financial participation from potential users is considered probable. If such a situation materialized, this would be damaging for the promising Open Data Policy as paying to access data is one of the greatest barriers to access to information (regardless of how low the fee might be). Thus, if the data is provided at a cost, it is not Open Data anymore as by definition, Open Data is data accessible at no cost for everyone.

My personal impression is that the Policy draft is a step in the right direction. Yet the success of such a policy, if implemented, remains very much dependent on the willingness of the legislator to enable a shift towards increased transparency and accountability. My concerns stem from the fact that the national legislation has precedence over ictQATAR’s policy frameworks which may make it very difficult to achieve a satisfactory Open Data shift. The Policy draft states:

Agencies may also develop criteria at their discretion for prioritizing the opening of data assets, accounting for a range of factors, such as the volume and quality of datasets, user demand, internal management priorities, and Agency mission relevance, usefulness to the public, etc.

The possibility that an Agency might decide to not open up data because it would be deemed potentially harmful to the country’s image or suchlike is real. Given that no Freedom of Information Act exists, there is no possible appeal mechanism allowing to challenge a negative decision citing public interest as outweighing deemed security concerns. The real test for how committed to openness and transparency the government and its Agencies are will come at that time.

The Appendix 6 is thus very imprecise regarding the legal and security constraints that might prevent opening up public sector data. Furthermore, the precedence of the national legislation should not be neglected: it for ex. prohibits any auditing or data release related to contracting and procurement; no tenders are published for public scrutiny. Although the country has recently established national general anti-corruption institutions, there is a lack of oversight of the Emir’s decisions. According to Transparency International Government Defence Anti-Corruption Index 2013, “the legislature is not informed of spending on secret items, nor does it view audit reports of defence spending and off-budget expenditure is difficult to measure”.

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Note: I have responded to the consultation in my personal capacity (not as OpenMENA). Additional insights are to be read which I have chosen not to feature here.