Research On The Responsibility List System In The Open Public Data

With the advent of the Big Data era,public data openness based on massive public data resources,as a key system for building a service-oriented government and digital government,has now shown strong economic effects,political value and social benefits,and data resources are gradually becoming a strategic resource for the country.In recent years,public data openness has become a global hotspot,and the exploration process in related fields has been accelerated in many countries.The Chinese government has also realized the potential deep-rooted value of public data,and both the central and local governments are actively piloting and implementing measures to enhance the openness of public data.The shift from an information disclosure system in the traditional sense to the importance and implementation of the concept of open public data shows that the administrative philosophy of government departments is gradually changing from strengthening management and satisfying the public’s right to know to providing services and promoting the joint development of data resources by the whole society.Therefore,it is of great practical importance to study the open public data system from different perspectives at the present time.At present,China’s current laws and administrative regulations only have some principled provisions on the public data open system.It is precisely for this reason that in the practical exploration of public data openness,China has followed the previous prudent reform model of first piloting and then promoting.From the perspective of specific practice,with the further advancement of various localities in the field of public data openness,the public data management measures or public data regulations formulated by various provinces and cities currently have an overall framework for the open system,which can be roughly divided into three aspects: the principle of public data openness,public data management methods,security guarantees and supervision.However,it is undeniable that the opening of public data is still in a preliminary stage,there are no clear standards for the scope and degree of data openness,and there is no uniformity in local legislation.In general,the current exploration of public data openness has the following problems: First,government departments lack the motivation and enthusiasm to promote public data openness.Not only do administrative authorities lack clear and specific compliance guidance,but they also need to bear the responsibility for security after data disclosure,which makes them more conservative in their open practices.Second,the degree of openness of public data is not high.The standards of data platforms with various places are not uniform,the quality of open platforms is uneven,and there are also problems in sharing and interoperability between various departments.Third,the legal relationship of relevant entities is not clear.The content of rights and obligations in the opening of public data are not clear and clear,and fourth,it is difficult to achieve a balance between open public data and data security,which hinders the process of opening up public data in China to a certain extent.The dispersion and complexity of data information makes the public ambiguous when receiving information,and this practical difficulty brings great difficulties to the further improvement of the level of public data openness.A list can consolidate the disorganized information,refine the distribution of the huge amount of data,arrange the information in a typology and maximize the clarity of the information.For the time being,China has conducted a relatively rich practical exploration in the field of negative list system,which is widely used not only in the field of market access,but also in the open public data system in many places.On this basis,the responsibility list model,which has been explored to solve the problem of misalignment of government functions,also has a wide scope of application in the field of public data opening.Therefore,this paper argues that using the responsibility list model as an entry point for a more in-depth and extensive practical exploration of public data openness is a relatively new angle of interpretation for the growth of the digital economy and the construction of a digital government.By sorting out and listing the responsibilities of the government within the legal framework,the list of responsibilities scattered in many legal norms is specified on the list,making the general and abstract administrative responsibilities more operational.Specific to the open public data field,when the competent departments for public data open data,they may sort out and list their administrative powers and duties,clarify the division of responsibilities and relevant basis of relevant departments,conduct procedural design of their rights and responsibilities for data development,and urge other departments to do a good job of public data openness and security guarantees in accordance with their respective duties.At the same time,it is also expected to make a deeper practical exploration for the unified standard of public data,and reduce the trouble caused by the inconsistency of the format standards of the data produced and collected by various departments.In addition,by establishing a corresponding due diligence exemption mechanism,administrative organs can be encouraged to act boldly and innovate in the work of opening up public data,and reduce the negative factors of unnecessary fear of mistakes and avoidance of responsibility by administrative personnel.Achieve uniformity in public data technical standards,lay a solid foundation for data circulation,and clarify the rights and obligations of public data disclosure entities and users of public data,so as to ensure security and compliance after public data is opened.In terms of legal basis,as there is no unified public data legislation at the central level,the public data regulations of various localities are used as a basis to try to construct a set of rules for the responsibility list of public data under the responsibility list system in line with the requirements of the rule of law,so as to promote a wider scope and greater openness of public data and facilitate the subsequent circulation and use of data.The legal basis for the compilation of the responsibility list includes laws,regulations and rules such as the Data Security Law,the Personal Information Protection Law,the Network Security Law and the public data management measures of provinces and municipalities.The opening up of public data emphasizes both the performance of administrative duties in accordance with the law and the provision of quality public services,which requires the strict implementation of the responsibility system for the opening up of public data,the strengthening of data security and the provision of more convenient and quality public services in opening up and utilization.In the process of constructing the responsibility list for public data opening,in order to further clarify the conditions for government departments to be exempted from due diligence,the due diligence exemption system in environmental administration can be used to identify the scope of duties and determine the degree of performance through due diligence exemption,so as to ensure that the administrative actions carried out by administrative personnel within the scope permitted by law will not give rise to additional responsibilities.By applying this mechanism to the opening up of public data and setting it out in detail in the form of a checklist,it is possible to determine the responsibility of administrative personnel for opening up data,as well as to verify the performance of their duties,and to provide a more specific operating space for those who carry out the opening up of public data,thereby providing an incentive for administrative bodies to open up public data.