Research On The Legal Regulation Of Government Data Opening

When "data" becomes a new resource in the information technology society,the opening of government data becomes the proper meaning of government's function transformation and economic and social development.However,since the concept of "government data opening " was formally put forward,China has not issued any laws to clarify the definition of open government data,or the academic community has not reached a unified understanding of it,which often leads to confusion with other concepts in theory and practice,greatly hindering the sharing of data resources.I found that at present,the academic community,more from the perspective of management,library management and information science,provides relevant technical suggestions for the problems exposed in the opening of government data,while few scholars analyze the reasons behind the opening of government data from the perspective of law and how to regulate it from the perspective of legislation.Therefore,from the perspective of law,on the basis of exploring the "what government data opening is",I analyze the problems exposed by government data opening and the reasons behind the problems one by one and put forward targeted suggestions from the perspective of law.First of all,I distinguish data and information from the perspective of law,that is,data is basic and objective;while information has subjective purpose and reprocessing,and thus extends government data as the first-hand resource,which contains great value.Opening data belongs to the trend of the times.Then I define government data opening from two aspects of theory and practice,that is,"government data opening refers to government agencies,enterprises and institutions with public service management functions,and other authorized organizations providing citizens,organizations and other government agencies with free and undifferentiated data resources in various formats according to the ways prescribed by law".From the three aspects of opening level and opening process,it is clear that government data opening,and government information opening are two different concepts,and further affirms the rationality of the independent existence of government data opening as a new concept.According to the results of the relevant questionnaire survey,from the ordinary people represented by the master's degree students to the government agencies,there is a situation that the government data opening is equivalent to the government information opening.At present,local governments also take the regulations on the opening of government information as the guidance of the opening of government data.I think that although the two have some commonalities in spirit and legislative framework,there are still many defects in regulating the rights and obligations of all parties of government data opening according to the content of the regulations on the disclosure of government information.In view of the problem of legislative blank,the academic circles mainly put forward three kinds of programs: legal interpretation,special legislation,and the parallel of legal interpretation and special legislation.After full analysis and comparison,I believe that,considering that on the one hand,there are a lot of problems in practice,such as operation confusion,function overlap or regulation gap,which are caused by concept mixing,on the other hand,relevant legislation technology in China has been mature and practical experience is sufficient,it is more suitable to choose special legislation to regulate the administrative legal relationship of government data opening.In addition,I draw on the useful experience of foreign government data opening and put forward specific legal regulation suggestions from data security,responsibility supervision,right relief and other aspects.Among them,it is emphasized that data opening will inevitably involve data security.Referring to the experience of the United States,Germany and other countries on data security,the author proposes that the Data Security Law and the Personal Information Protection Law should be promulgated as soon as possible,and the data security protection system should be established and improved with the Data Security Law and the Personal Information Protection Law as the core and other relevant laws and regulations as the auxiliary.