Research On The Legal Regulation Of Public Data Opening

In the era of big data,data resource,as a new production factor,has become increasingly prominent as a strategic resource,and data governance ability and control power have also become an important embodiment of a country’s core competitiveness.The economic value,political value and social value of data are also increasingly recognized by people,and the mining of data value and the release of potential depend on the openness of data.The government is the biggest controller of data resources and the main controller of a country’s basic and key data resources,so the open sharing of public data can create huge value for the public.However,due to technical obstacles,limited cognition or lack of law,the openness of government public data is limited,and a large amount of data is idle and wasted.In the world,the government public data opening is a global wave,and many countries are promoting the government public data opening movement.Compared with China,the western developed countries promoted the open practice of public data earlier,and accumulated many practical experiences.In recent years,our country has gradually realized the important strategic position of data resources,and to see the great value brought by the opening of data resources,we have begun to step towards the opening of public data.However,due to late start less experience,open public data still exist many problems,lack of legal system safeguard system,the current our country mainly adopts the central policy to guide local legislation practice leading the way,however,because of the lack of the unified legislation guidance,scattered local legislation,a lot of problems in local government public data open practice,Slowed the process of our government public data open,open public data quality,data governance and data utilization rate is low,open platform construction and data value mining co.,LTD.,so we must speed up the open public data unified government legislation,establish a complete legal system system framework,open for public data.Based on the background of the era of digital economy in which the Chinese government actively improves the governance level of public data and promotes the opening of public data,and under the basic premise of adhering to the overall national security concept,this paper analyzes the current frontier theory and reality of law,and combines the legislative texts and practices of data opening of the governments of Shanghai,Zhejiang and Shenzhen.The obstacles and problems encountered by Chinese government in promoting the process of public data opening are comprehensively analyzed.For example,the government public data opening lacks the guidance of unified laws and regulations,and the local decentralized legislation causes the related concept and system to be inconsistent.The relevant legal concepts of government information,government data and public data have not been clarified.The legal nature and right basis of public data are not clear;The open scope and catalog of public data are uncertain;The conflict between public data opening and private information protection,business secret protection and state secret protection;Infringement and right remedy related to data opening.This paper is oriented by these problems,combined with the practice of local public data opening,as far as possible to provide corresponding legislative suggestions.From the perspective of legal theory theoretical basis of public data open,unified definition of public data open connotation and denotation,combined with the current academic theory research content the government public data and the power base,the legal nature of open discrimination open public data and the root of the government information publicity system,through public data relating to the developed countries of the legislative system of open and reference,The necessity and feasibility of special unified legislation for government public data opening are analyzed,and the concrete legislative proposals of establishing Government public data opening Regulations are put forward.For example,referring to the legislative practices of local governments to improve the central legislation,establishing the legislative principles of "opening up as the principle,not opening up as an exception","adhering to efficiency and security,and laying equal stress on utilization and protection",A complete legislative structure including the definition of open public data,the standard and scope of open public data,the acquisition and utilization of public data,the construction of open data platform,and the supervision and guarantee of data security should be established.Finally,in view of the existing problems,the paper proposes to establish the core system of government public data opening: to unify the standard and scope of government public data opening,and formulate a detailed catalogue of government public data opening;Strictly implement the data opening confidentiality review and security management system,solve the conflict between public data opening and the protection of personal privacy,trade secrets and state secrets;Construct the system of tort liability,right remedy and corresponding exemption for government data opening.Only a systematic and perfect legal system can provide standardized and orderly guidance for the opening of public data and promote the efficient opening of public data according to law.Big data and digital economy are hot topics at present.The current research on government public data opening mainly involves management,e-government,data analysis and other disciplines,and there are few studies related to law discipline.However,government public data opening cannot be separated from legal guarantee.This paper studies the legislative issues involved in the opening of government public data from the perspective of law,and the research perspective is relatively new.In addition,the literature and laws and regulations adopted in this paper are also up to date.Combined with the latest local legislative texts,such as the Data Regulations of Shanghai Municipality,the Data Regulations of Shenzhen Special Economic Zone,and the Public Data Regulations of Zhejiang Province,as well as the open implementation of the public data opening platforms of these provinces and cities,this paper makes a comprehensive comparison and analysis to summarize the difficulties in the current practice of public data opening of local governments.To provide practical experience for the formulation of Regulations on the opening of Government Public Data.