Consultation responses: Data Licensing Model #OPEN #WEBSITE

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1	Thank you to all who contributed to this consultation - your time and comments are very much appreciated. For any further queries please contact openenergy@icebreakerone.org.
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3	Section of document	Comment	Commenter	Category	IB1 response
4	General	As an aside: the relevant international standards working group is ISO/IEC SC7 WG21. They develop schema and models for licensing of information assets (including data) and publish a series of standards (ISO/IEC 19770-..), including a vocabulary - some of which may help - a standard on entitlement: ISO/IEC 19770-3 provides an ITAM data standard for software entitlements, including usage rights, limitations and metrics ("ENT"). ISO/IEC 19770-4 provides an ITAM data standard for Resource Utilization Measurement. (I'm also the BSI Chair of the British standards IST/15 mirror panel for ISO/IEC WG21 - the ISO working group for the 19770-series. If you wish to align with any of these standards we can put you in touch with the ISO WG21 Convener, Ron Brill.) https://en.wikipedia.org/wiki/ISO/IEC_19770	Dave Phillips	Other	Thank you for flagging the ISO standards work. Where possible Open Energy work will align with existing standards. Our approach also prioritises open standards as we are a non-profit organisation following open working methodologies. We will further be guided by feedback from our wider consultation activity, Advisory Groups, and industry advice.
5	Page 2	Regarding information sources on which grants are based: Should this specifically include a channel from Ofgem? Mindful of the case where Variations (such as regulatory sand box) have been granted by Ofgem to a specific Data Consumer ...and so we would want that information to feature in the Grant decision (for example, if they were permitted by Ofgem to act in a limited way as a Systems Operator and so need data access to fulfil that remit).	Dave Phillips	Rules	In our current model, information described as 'known to Open Energy' can come from a variety of sources - including Ofgem. It could therefore be possible for variations to appear as an externally-defined group that is time-limited (see here for details - https://docs.google.com/document/d/1u57oRvOmD6lOLunevEva1khjxUz_Dln5dnHMlJbTQTM/edit#). However, if you do not feel this is an appropriate approach please contact us to discuss this suggestion further.
6	Page 2	Regarding rules: Retrospectivity in rules permissible/non-permissible? Can rules be applied retrospectively.	Nick Rendell	Rule	Retrospectivity will not be permitted as this risks undermining the OEGS trust framework and present enforcability issues. Instead, changes made to rules will be applicable from the next API call. It is the responsibility of Data Providers, not the OEGS, to ensure rules are designed appropriately.
7	Page 2	Regarding properties on which rules/grants can be based: Perhaps something on whether the individual using the data (in addition to the company etc. entity) has some degree of formal training on using data e.g. Safe Researcher Training from the Office for National Statistics?	Grant Wilson	Access	This suggestion is included in our policy on access conditions - https://docs.google.com/document/d/1u57oRvOmD6lOLunevEva1khjxUz_Dln5dnHMlJbTQTM/edit#
8	Page 2	Do OE envisage the need for an independent dispute resolution process outwith the Data Provider? e.g. an ombudsman type function?	Rosie McGlynn	Dispute resolution	Yes, this will be included in work beyond Phase 3. For the time being, we will establish an point of contact with responsibility for addressing any disputes. It is likely that we will use manual monitoring for a while until we are aware of likely recurring issues.
9	Page 3	For data provider's (large and small) implementing digital signature verification and managing certificate validation may require the creation of new IT/IS environments - and the same will apply to data consumers.	Rosie McGlynn	Technical	Development of this feature is proposed for beyond Phase 3. We will consult with members and the wider community to ensure our proposals are suitable for different types of Data Providers prior to implementing any new technology.
10	Page 4	RE what are capabilities: some process for looping back with data providers might be helpful? i.e. i've done xxx with your data - can we discuss whether this can be now be made more permissive? under what conditions might this be the case?	Grant Wilson	Notifications	If there is demand from Data Consumers, there may be scope to integrate this kind of function within a notifications system (planned for development beyond Phase 3). We have noted your comment for future development.
11	Page 4	Search' capability would be ideal, sooner rather than later. Possibly initially via a GUI but then via an API?	Stu Mitchell	Search	Open Energy Search (http://search-beta.energydata.org.uk/) already has capacity to show the licence for each dataset, such as http://search-beta.energydata.org.uk/dataset/wfd-cycle-2-transitional-phytoplankton-classification. CKAN has an API and we assume its Web interface provides a sufficient GUI. Please contact us if this does not answer your query.
12	Page 4	RE common capabilities: Would be good to stress test these using some real example use cases. Are the common capabilities sufficiently exclusively mutual to be easily understood, for instance? Or will they need more interpretation in OGs.	Faith Reynolds	Capabilities	Our first step at this stage is to consult with legal counsel on the construction of text outlining each capability. In due course, we anticipate further work to 'translate' this text into a clear, human-readable format and to design accompanying notation. A stress test could be a useful accompaniment to this development to ensure robustness of legal and human-readable formats, and accompanying guidance. This could potentially be carried out with early-adopter members.
13	Page 4	RE common capabilities: I think "non-commercial" is easier to say in words than it is to set precise rules! Is the expectation that all providers will use the same definition?	Anonymous	Capabilities	Thank you. We will consult with our legal counsel on this issue to try and find an acceptable definition. This may also require further exploration with the Advisory Groups once suggested legal text has been constructed.
14	Page 4	RE capability to combine datasets: There is a risk in 'remixing' data (I like the term) - in that constantly changing data means the remixed data also needs changing at the consumer's end. This should be an acknowledged risk by the consumer as part of the agreement. (A common trade-off in derived data.)	Stu Mitchell	Capabilities	Thank you. We will consult with our legal counsel on this issue when constructing text describing capabilities that concern artefact combination and onward sharing. We also recommend that Data Publishers are as descriptive as possible in their metadata files, which offers a transparent way to access information such as update frequency.
15	Page 4	RE capability to combine datasets: Does remixing allow data consumers to modify the original data set? If yes this could cause future legal issues if this data is used in a misleading way e.g. "yes there is capacity for 500 new ev charging stations" when the underlying data does not support this statement	Rosie McGlynn	Capabilities	In standard licenses, remixing does not usually permit modification of the original dataset without acknowledgement modifications have been made - in effect establishing a separate dataset with a separate citation. As such, if any errors have been made in dataset modification that are passed on to a future user, this can be traced to the modified dataset rather than the original. Furthermore, in our trust framework, even if a Data Consumer were to directly republish the same data set, the provenance mechanisms inherent to the OEGS make it impossible to 'pass off' a republished dataset as the original - it is automatically considered a different data set even if the contents are the same.
16	Page 5	RE obligations: also - a common clause seems to be a limit in liability or the acceptance of the data on an as is basis (with errors)	Grant Wilson	Obligations	Thank you - this suggestion has been incorporated
17	Page 5	RE comment above: '+1'	Anonymous	Obligations	See above
18	Page 6	Forgive any misunderstanding but caution if Providers includes citizens or domestic customers: Do we need extra care to keep reaslistic our expectations on Data Providers? Thought leaders in decarbonisation are increasingly recognising consumers must be given simple options and these are likely to take the form of Blended Service Offerings (it's very unlikely we'll offer them complex choices about differing DSR Services who want their data) ... We DO still need their choices to be represented and applied in a rich usable form... So can we plan ahead to make this easier for them? I'd recommend we anticipate this as follows: - Allow for the future development of reusable templates: "Foundation Profiles". Each Foundation Profile will make it easier by standardising the mix of capabilities and obligations that groups typically want for a given Access purpose. Variances may emerge so a schema with a taxonomy may be needed to accommodate this. permissions (and obligations on Data Consumers) will still need to specified in detail, so allowing for template	Dave Phillips		Open Energy will not be enabling the sharing of personal data in Phase 3 and the service is designed primarily for a B2B audience at present. We will explore future extensibility of the system to personal data subject to consultation in future. Your comments have been noted for that time, thank you for flagging differences in requirements for this audience.
19	Page 6	would it also be helpful for OE to ask for some ongoing legal resource that any member can flag a query too?	Grant Wilson	Legal	Thank you for raising this. Open Energy is currently unable to provide legal advice as we are not set up to do so. We will review the possibility of producing some resources that could help guide member awareness of and approaches to legal queries. However it is is likely they can only be published in the form of guidance - with responsibility for legal matters remaining with the member organisation.
20	Page 10	RE building a notification system within OE: Could this be a technical subscription? (e.g. pub/sub model for changes?)	Stu Mitchell	Notifications	Technical build of a notifications system will be explored beyond Phase 3, once we have had the opportunity to test the system for frequent issue areas where support needs are more likely. Your suggestion has been noted for future work on this topic.
21	Question 1	Specifically for Indicative rules for admission, is there a need for an SLA to be built in? For instance, how long would it take for a DP to assess whether provision will be granted.	Stu Mitchell	Legal	Thank you - yes. We may need to instigate a maximum response time for certain scenarios, however the detail remains to be determined at this stage. Your comment has been noted.
22	Question 1	Given the current difficulties around data sharing, I think that this proposed approach may actually be the only viable one 😊 if it can be simplified. Two things that need to be clarified… 1. What is in it for the data provider? ie what is the benefit that will justify the cost and effort of the technical integration? 2. What is in it for the Data Consumer? ie what’s to stop me as a DC just sending through an EIR request for the data to any data provider and circumvent the complex licensing process?	Tom Pollock	Value proposition	We are in the process of developing resources to explain these points. For now, they can be summarised as follows: 1. Open Energy helps Data Providers to share energy data in a simple, secure way, saving time and money in contract negotiations, technical support and legal checks. On average, Open Energy will cut the cost of servicing a data request by at least 50%, using Open Energy’s automation to comply with data-sharing regulation and easily scale their response to data requests as they continue to grow. Early adoption of Open Energy provides better value for money than a late forced transition, or implementing an expensive and limited closed IT system. 2. Open Energy helps Data Consumers to find and access energy data with lower costs and less hassle. That allows Data Consumers to use valuable data to meet net-zero commitments and comply with reporting requirements, develop new products and services that sell in a net zero economy, and reduce the cost of accessing data.
23	Question 4	I like the data pyramid, with granular definitions for each level	Tom Pollock	Capabilities	Thank you for indicating support - we will take this forward.
24	Question 4	The pyramid makes it simpler because the level of access at each level could be easier understood.	Stu Mitchell	Capabilities	Thank you for indicating support - we will take this forward and ensure clear definitions are provided for the different levels.
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