Data Sharing Guidance for External NHI Portal Users
Reasons for Data Confidentiality
Exemption from Open Records Law
Communicating NHI Data Outside the Organization
Exemption from Open Records Law
When the Wisconsin Natural Heritage Inventory (NHI) program was established,
the legislature specifically exempted the NHI database from the state's open-records
law. The Department has the authority to decide how and what information in
the NHI database is distributed outside the agency and has delegated this responsibility
to the NHI program. The NHI database is considered sensitive for several reasons
and thus not appropriate for general public distribution. The most obvious is
the potential threat to rare species when their locations are publicly known.
Illegal collection, in addition to actions of well-intended people who simply
are interested in viewing rare species, have impacted several populations of
showy and highly sought after species. Although first-hand experience is a good
way to engage the public in endangered resource protection, there is little
question that for some species (such as turtles and orchids) it can have disastrous
consequences. Also, the potential exists for outright destruction of rare species
by those who view them as barriers to resource utilization.
Maintaining Consistency
In order to maintain its exemption from the Wisconsin Open Records Law and the
Federal Freedom of Information Act, the NHI program must demonstrate consistency
in how it conducts data sharing. For example, inside the Department, data products
the Program provides bear disclaimers regarding the appropriate use of the data
and NHI training includes discussion of NHI Data Security. Outside the Department,
the Bureau releases data only under data sharing/license agreements. Federal
Agencies with whom we share data must provide the Bureau with a Recitation of
Authority stating how the agency will defend the exemption if they are subject
to a Freedom of Information Act request.
Data Misinterpretation
Another concern associated with public distribution of the NHI database presents
is the great potential for misinterpretation and, worse, misapplication of the
data. Because the Heritage methodology breaks the assessment of areas into simpler,
more manageable data units, not understanding how these pieces fit together
or what they are actually "telling" the user can easily lead to misinterpretation.
Although inadvertent, the consequences of users incorrectly applying Heritage
data can lead to inadequate protection and controversy. To avoid this, the NHI
program spends considerable time training
users within the Department, as well as outside partners, on proper data interpretation
and application.
Requests for NHI Data
Requests for specific NHI Data from people outside your organization (including
consultants) should be directed to the DNR Endangered
Resources Review Program. Requests from unauthorized users within your organization
should be denied based on your organization's data sharing/license agreement.
Sensitive Species List
The Sensitive Species
List [133KB PDF] is a list of 32 elements (species,
natural features and natural communities) that are particularly vulnerable to
collection or disturbance. When working with the public, the locations of these
elements should be generalized in order to minimize impacts to them. In some
cases, this means generalizing to the County level, see the list for details.
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