Yesterday at the Asia Geospatial Forum in Jakarta, the Head of Bakosurtanal, the Indonesian national mapping agency, gave an overview of the recently passed Geospatial Information Act No 4 2011.
The Act, which was passed earlier this year and was initally prepared in the 1990s, is designed to ensure the availability and widespread use of geospatial information for all Indonesian citizens, to set standards and governance for geospatial information, and to encourage the use of geospatial information in making government more transparent.
The Law provides a legal framework for acquiring accurate geospatial data and creates a regulatory framework for the administration of national geospatial information and the process of how geospatial information is acquired and distributed.
Geospatial information provider
Anyone providing geospatial information in Indonesia is required to possess competency in providing geospatial information in accordance with the prevailing laws and regulations. The administrative requirements are a deed of establishment and a business license. The technical requirements are that the provider must be a certified professional in the field of geospatial information.
Authoratative geospatial information
The Act sets a standard for acquiring geospatial information, which includes complying with the standards of the geospatial reference system, types, criteria, and data formats that will in the future be determined by the Head of the to be established Geospatial Information Agency.
Restrictions on data collection
The Act sets out the permission that must be obtained for collecting data. Restrictions apply for
- Prohibited areas
- If the act of collection of the data can have a hazardous effect on the collector
- If collected by foreign owned vehicles (airplane and vessels, but not satellites)
Access to geospatial information
"Basic Geospatial Information" is categorized as open information. But the Act also stipulates that a fee can be charged to the user.
Regulation
Oversight of the providers and users of geospatial information will be under the authority of the Geospatial Information Agency. During a transition period of 3 years, supervision will be the responsibility of Bakosurtanal.
Sanctions for inaccurate data
The Act provides administrative and criminal sanctions for geospatial data providers.
If inaccuracies in supplied geospatial information result in damages to users, the provider will be subject to imprisonment of up to 3 years, or a fine of up to IDR 750 million (about $75 000).
The Act also stipulates that providers are prohibited from producing products and services that do not comply with the standards that are required by the prevailing laws and regulations such as consumer protection regulations. Some commentators have suggested that this could mean data provider liability in the case of an in-car navigation system leading to an accident or failing to find an emergency facility because of inaccurate geospatial information.
This reminds me of the liabilities associated with the provision of medical equipment. I recently blogged about a Queensland provision also placing liability on the provider of geospatial information.
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