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What do we need laws for?
                  Laila Aslesen
Head of Legal Service, Norwegian Mapping and Cadastre
                        Authority
               laila.aslesen@statkart.no
Introduction
• Paper - version on CD first draft – newer
  version on the website
• Try for a “global” or general view, with
  national and European model as example
• Extracting important points
  • Defining an SDI
  • Things that can go wrong with legislation
  • Experiences with voluntary solutions
  • Role of the public sector
  • Success factors
Defining the infrastructure
• Responsibilities agreed upon or regulated
• Construction and tasks
  • Metadata, specifications, and
    means to discover, visualise
    and evaluate
• Financing
  • Government organising
    responsibilities and funding
• Use of structure and available content
  • Access, payment, restrictions
Factors        Law                 Regulation       No legislation
Infrastructure General in nature   If law already   Requires that
               and important       in place         stakeholders
               policy                               agree
Construction   Responsibilities    Detailed       Agree on
               and general         specifications standards and
               principles                         technology
Financing      If it concerns      Detailed         Stakeholders
               legally independ-   requirements     must be willing
               ent stakeholders    if necessary     to provide
                                                    resources
Use            Adapt to existing   Detailed         Requires that
               regulations         requirements     stakeholders are
               Requirements on     if necessary     willing to make
               legally indepen-                     data available
               dent stakeholders
From where to SDI?
• Defining SDI does not tell us how to make it
  • Traditions and history
• The existence of
  • Voluntary solutions to build on
  • Standards and standardised data
• Level of technology
  • In the whole society
• More than fulfilling set of given terms
  • Avoid “do as little as possible” solutions
  • Building trust and find common goals
  • This also applies to a reform using law as a tool
The use of regulations as a tool
• Laws are slow to make and change
  • Technology heavy areas are particularly
    vulnerable
  • Regulate the result, not the means
• The process can give a positive focus and
  much needed political attention
  • Possibly a result stakeholders disagree with
  • The dangers of minimum solutions
    • Not enough thought for the whole picture
      leaves you solving new issues for ever
Experiences
• In Norway a voluntary solution has worked well
  • Has taken many years of gradual building
  • Government regulates its
    own activities
  • Others have joined in
    seeing advantages
  • Vertical rather than horisontal
  • Political support is still important
• For Europe a legal framework, INSPIRE directive
  • For many countries this means existing voluntary
    solutions is replaced by law
  • A directive is always a political compromise
Role of public sector
• PSI is the most important content for SDI
  • SDI for public sector will benefit all
• Public sector needs it for an increasing
  amount of everyday tasks
  • An SDI allow them to focus on core activities
  • Efficient use of public funds
• User payment and funding
  • Moving money around or focusing on the
    right tasks?
  • The fickleness of politicians…
So do we need laws?


•Yes and no….
What for?
• As starting points vary, so must the methods
  • Law is a tool, not an end in itself
  • To achieve the goal is more important
    than using the “right” principles
  • Make your own priorities yourself!
• Certain success factors
  are the same
  • Creating common goals
  • Getting political as well as popular support
  • A big reform with technical content is useless
    without follow-up – whether its done by laws or
    voluntarily

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What Do We Need Laws For

  • 1. What do we need laws for? Laila Aslesen Head of Legal Service, Norwegian Mapping and Cadastre Authority laila.aslesen@statkart.no
  • 2. Introduction • Paper - version on CD first draft – newer version on the website • Try for a “global” or general view, with national and European model as example • Extracting important points • Defining an SDI • Things that can go wrong with legislation • Experiences with voluntary solutions • Role of the public sector • Success factors
  • 3. Defining the infrastructure • Responsibilities agreed upon or regulated • Construction and tasks • Metadata, specifications, and means to discover, visualise and evaluate • Financing • Government organising responsibilities and funding • Use of structure and available content • Access, payment, restrictions
  • 4. Factors Law Regulation No legislation Infrastructure General in nature If law already Requires that and important in place stakeholders policy agree Construction Responsibilities Detailed Agree on and general specifications standards and principles technology Financing If it concerns Detailed Stakeholders legally independ- requirements must be willing ent stakeholders if necessary to provide resources Use Adapt to existing Detailed Requires that regulations requirements stakeholders are Requirements on if necessary willing to make legally indepen- data available dent stakeholders
  • 5. From where to SDI? • Defining SDI does not tell us how to make it • Traditions and history • The existence of • Voluntary solutions to build on • Standards and standardised data • Level of technology • In the whole society • More than fulfilling set of given terms • Avoid “do as little as possible” solutions • Building trust and find common goals • This also applies to a reform using law as a tool
  • 6. The use of regulations as a tool • Laws are slow to make and change • Technology heavy areas are particularly vulnerable • Regulate the result, not the means • The process can give a positive focus and much needed political attention • Possibly a result stakeholders disagree with • The dangers of minimum solutions • Not enough thought for the whole picture leaves you solving new issues for ever
  • 7. Experiences • In Norway a voluntary solution has worked well • Has taken many years of gradual building • Government regulates its own activities • Others have joined in seeing advantages • Vertical rather than horisontal • Political support is still important • For Europe a legal framework, INSPIRE directive • For many countries this means existing voluntary solutions is replaced by law • A directive is always a political compromise
  • 8. Role of public sector • PSI is the most important content for SDI • SDI for public sector will benefit all • Public sector needs it for an increasing amount of everyday tasks • An SDI allow them to focus on core activities • Efficient use of public funds • User payment and funding • Moving money around or focusing on the right tasks? • The fickleness of politicians…
  • 9. So do we need laws? •Yes and no….
  • 10. What for? • As starting points vary, so must the methods • Law is a tool, not an end in itself • To achieve the goal is more important than using the “right” principles • Make your own priorities yourself! • Certain success factors are the same • Creating common goals • Getting political as well as popular support • A big reform with technical content is useless without follow-up – whether its done by laws or voluntarily