TERMS OF REFERENCE
INFORMATION EXCHANGE: LEGAL AND INSTITUTIONAL ISSUES
BACKGROUND
In December 1996, leaders of the governments of the Americas met at the Santa Cruz (Bolivia) Summit on Sustainable Development. Government leaders recognized the importance of reliable and accurate information on biodiversity in decision-making and the need for cooperation among the countries of the Western Hemisphere to link information sources together. Summit leaders agreed to:
Seek to establish an Inter-American Biodiversity Information Network, primarily through the Internet, that will promote compatible means of collection, communication and exchange of information relevant to decision-making and education on biodiversity conservation, and that builds upon such initiatives such as the Clearing-House Mechanism provided for in the United Nations Convention on Biological Diversity, the Man and the Biosphere Network (MABNet), and the Biodiversity Conservation Information System (BCIS), an initiative of nine IUCN programs and partners.
The above declaration, Initiative 31, prompted a series of informal meetings among interested
parties, which were followed by two OAS-supported Experts' Meetings regarding the
establishment of the Inter-American Biodiversity Information Network (IABIN). At the last
Experts' Meeting (January 1998), the United States Geological Survey, Biological Resource
Division (USGS/BRD) announced the availability of funds from an inter-agency agreement with
the U.S. Agency for International Development (USAID). These funds are designed to help
support planning of the IABIN concept by addressing key issues deemed important and of mutual
interests to planning experts. By focusing on such issues, IABIN will advance from the concept
phase to start-up operations.
PROBLEM STATEMENT
Experts involved in the planning of IABIN consist of government and non-government officials from many countries and different institutions whose missions vary according to national laws and policies. Similarly, non-government organizations also exhibit a wide variety of missions and programs reflecting biodiversity issues: conservation and management of resources at the micro-level, advocacy and political action, scientific research, specific thematic focuses, human health, and engagement of indigenous communities in biodiversity projects. For IABIN to be established and to flourish, we must address the question of how to maximize the advantages of sharing biodiversity information among a membership representing such institutional diversity.
Legal and institutional issues are sometimes at the core of policies and practices by which impact the manner in which information may be accessed by others. For example, the capacity of an institution can affect its ability to extend services beyond its own institutional confines. While some organizations may have a strong desire to obtain biodiversity information from others, they may not have the capability to disseminate their own information to others. Some organizations do not have the human or material resources to participate in a large Inter-American information network. Where resources are limited, some organizations may adopt institutional policies that prescribe a fee payment structure. These policies may help to sustain an institutional capability but may also restrict information flow.
Intellectual property law and ownership of information within participating countries may constrain the exchange of information. Some governments or institutions may have restrictions on release of information describing on-going research or of information that could have significant economic impact either positively or negatively. For example, an institution may provide information only to personnel within that institution or to other selected entities.
Understanding the variety of potential barriers to information exchange and the realities behind
them is critical to developing a network which acknowledges the realities yet works to lower or
avoid the barriers.
GOAL
IABIN Experts plan to meet in Brazil in September, 1998, to launch IABIN. The goal of this
Terms of Reference is to assess the status, trends and barriers to access to and exchange of
information in order to determine how IABIN can best facilitate information exchange among
countries with diverse legal and institutional frameworks and traditions. The assessment will be
provided to the IABIN experts at that meeting in order to foster an understanding of the
significance of legal and institutional issues which may positively or negatively impact on the
exchange of information within IABIN.
OBJECTIVE
In response to this Terms of Reference, legal and institutional issues which may confront the establishment of IABIN and might constrain the development and functionality of the network will be identified and assessed. The study shall analyze the similarities and differences in legal and policy approaches to holding and sharing biodiversity information among potential IABIN member countries. Additionally, the study shall recommend mechanisms to minimize such legal and institutional factors, taking into account national laws and/or long-established institutional policies and practices. The study shall take into account how these policies and practices may be affected by inherent institutional capacities.
A form of governance for IABIN -- the organization and coordination of the network itself --
has not yet been determined. Therefore, where needed, institutional issues affected by the
structure of IABIN itself should be addressed hypothetically.
WORKPLAN
1. Determine and examine the legal and institutional issues bearing on information exchange. These issues should be addressed in collaboration with those addressing the technical issues and the pilot project proposals (see separate TORs) to ensure a consistent perspective across the studies being prepared for the Brazil meeting. Issues to be discussed and analyzed shall include but not be limited to:
Issues concerning institutional participation in IABIN
A. Legal or institutional constraints affecting a government's ability to become part of IABIN with or without a IABIN focal point in the respective country.
B. Legal/institutional policies which may imply an authority or authorization within a country to determine what other institutions may/may not become part of IABIN.
Issues concerning cross-border access to information
C. Differences among national laws and/or institutional policies governing access to and release of information. Examples:
D. Issues of repatriation of information; i.e., return of ownership and/or control of information to the country in which that information originated.
E. Government restrictions/limitations on access to internal web sites (including government web sites) from a national or international IABIN site(s).
F. Requirements for contracts and/or information exchange agreements between institutions (e.g., universities, ministries, etc.).
G. Requirements of national or regional biodiversity information efforts in which potential IABIN members are participants, and how the rules, institutional arrangements, approaches, etc., of those effort may encourage and/or impede information sharing through IABIN.
H. Ownership rights and intellectual property rights in information appearing on IABIN; particularly, difference between intellectual property law among member countries.
I. Liability issues for IABIN; e.g., consequences of using data that may not be accurate, using copyrighted information without permission, etc.
J. Security issues surrounding both national and/or international IABIN web site(s) and member institutions which will be accessible through these national/international site(s).
Networking/Internet issues IABIN may have to address
K. Requirements for ensuring quality, accuracy, appropriateness of information appearing on IABIN site, including requirements to obtain approvals, pass inspections, etc., of any member countries.
L. Requirements for and contents of disclaimers concerning information, messages, and/or other postings to an IABIN web site by IABIN members or accessible via IABIN.
M. Institutional information policies regarding review and/or approval of information appearing on an IABIN web site or accessible via IABIN.
N. Institutional issues concerning open forums, message boards, technical help, etc.
O. Privacy issues, particularly those addressing dissemination of information about IABIN users (both by site and by individual).
P. Constraints on access to and use of IABIN web site logs (utilization rates, domain origin, etc.).
Q. Institutional registration requirements for information to be included on or be accessible through a national or international IABIN site.
Institutional issues affecting description of content holdings
R. Institutional issues policies/practices relating to use of metadata to describe information in a uniform manner: institutional ability and/or interest level in the topic; previous work on separate metadata standards; amount of work required to develop and utilize agreed-upon metadata elements; training and equipment requirements; costs.
S. Ability/desire/capability of institutions to agree upon a common set of metadata standards and thesauri for IABIN.
Other issues
T. Other issues which bear on the establishment, development and sustainability of IABIN.
2. Actively engage IABIN experts during the research and preparation phases of this study, through e-mail consultations, site visits, and/or workshops. Travel authorization shall be obtained before travel is undertaken.
3. Complete a final report and prepare a presentation for the Brazil meeting discussing the
findings of this study.
DELIVERABLES AND TIMETABLE
All deliverables shall consist of four (4) paper copies, accompanied by a WP6.0 or 7.0 file of the
deliverable on 3.5" floppy diskette. Schedule for deliverables follows:
|
DELIVERABLES |
ESTIMATED
COMPLETION DATE
(Weeks after Award) |
| Prepare draft report describing issues; circulate draft report to IABIN experts and USGS/BRD specialists | 9 |
| Receive comments on draft report | 11 |
| Prepare and submit final report | 13 |
| Distribute final report via Internet and in hard copy as directed | 14 |
| Upon approval of final report, prepare presentation for Brazil meeting | 15 |