Legality of “Open Data” in India

Data available for the public access and public use is termed as “Open Data”. Data is one of the most important aspect of this world for the use of the people for both commercial and non-commercial purposes. Thus, for the secure use of the data and to prevent its misinterpretation or misuse, it’s necessary that it should be licensed to ensure that all users have the same and permanent right to use the data. Hence, for the same purpose Indian government has initiated the notification of the National Data Sharing and Accessibility Policy on 17th March, 2012.

Under this Policy, all users are provided a worldwide, royalty-free, non-exclusive license to use, adapt, publish (either in original, or in adapted and/or derivative forms), translate, display, add value, and create derivative works (including products and services), for all lawful commercial and non-commercial purposes, and for the duration of existence of such rights over the data or information. But this policy has exempted some kind of data which includes personal information, military insignia, name, crests, logos and other official symbols of the data provider(s) etc. Thus, this license is governed by Indian law.