Since the advent of the national spatial data infrastructures (NSDI) in various jurisdictions around the world and in their drive to maturity, so-called ‘second tier’ issues are beginning to emerge. Such issues as ownership and property rights, privacy and security, open access and proprietary rights, private and public law have arisen and a systematic approach to address these are needed. While for some, practical solutions are becoming available whereas for others, innovative alternatives are being sought in a collaborative manner. This paper is a commentary on the evolution of the legal issues that are beginning to emerge.

There are different stages of maturity in both the development and the adoption of NSDI in the different jurisdictions (see Sengupta 2007 for a summary of developments in Asia). Each of these have brought forth different kinds of responses with some adapting existing policies and rules to the new developments while others have promulgated brand new laws to address the issues. In addition, as the NSDI evolves, solutions also change with the circumstances that produce a myriad different scenarios. This paper posits the view that NSDI should in reality be one of public good and providing public services – whatever the business model adopted in a particular jurisdiction. It means that the NSDI should neither be seen as a product nor one capable of ‘private ownership’.

To achieve this, one needs to go back to the basic tenets of the NSDI and the global spatial data infrastructure (GSDI) and re-examine the definitions of these concepts. From the definitions, a clearer picture may emerge to better define “whose perspective” is being promoted. A review of various tools that may be available is made before discussing the impact of such tools on the application of NSDI in the wider horizon of a country’s economic growth and development. There is a danger that strict rules and regulations might impede greater adoption leading to a so-called ‘anti-commons’. The successful implementation of the NSDI would depend on the careful crafting of these policy instruments. The summary and conclusion to this paper suggests that there may be policy, practical and strategic issues which need to be addressed for NSDIs of individual countries to contribute to a holistic sought-after GSDI.