(a) The County must make some public data sets available on a single web portal on the Internet within 1 year after this Article takes effect. Every agency must make at least one public data set available to be published on a single web portal within the timeframe prescribed by the Open Data Implementation Plan. The Open Data Implementation Plan must assign and prioritize by subcategories the order in which public data sets should be published. To prioritize public data sets in the Open Data Implementation Plan, the Chief Administrative Officer must consider whether information embodied in the public data set:
(1) can be used to increase agency accountability and responsiveness;
(2) improves public knowledge of the agency and its operations;
(3) furthers the mission of the agency;
(4) creates economic opportunity; or
(5) responds to a need or demand identified by public consultation.
(b) Any published public data set that an agency makes available on the Internet must be accessible through a single web portal that is linked to www.montgomerycountymd.gov or any successor website maintained by, or on behalf of, the County.
(c) A public data set must be made available as specified in technical standards.
(d) A public data set must be published in a format that permits automated processing and must make use of appropriate technology to notify the public of all updates.
(e) Once published, a public data set must be updated as often as is required by the Open Data Implementation Plan.
(f) A published public data set must be made available without any registration or license requirement or restriction on use. However, the County may require a third party providing to the public any public data set, or application utilizing that data set, to explicitly identify the source and version of the public data set and describe any modification made to that data set. In this Section, registration or license requirement or restriction does not include any measure required to:
(1) assure access to a public data set;
(2) protect the single web site housing a public data set from unlawful abuse or an attempt to damage or impair use of the web site; or
(3) analyze the type of data being used to improve service delivery.
(g) A published public data set must be accessible to external search capabilities.
(h) Nothing in this Article prohibits an agency from:
(1) voluntarily disclosing information not otherwise defined as data; or
(2) making voluntarily disclosed information accessible through the single web portal.
(i) The Open Data Implementation Plan must address when and how an agency may change or terminate collection of data or remove the public data set from public access.
(j) The Open Data Implementation Plan must address appropriate staffing to manage the published public data sets. (, § 1.)
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