Research On The Legalization Of Government Data Openness Under The Perspective Of Digital Governmen

The activity of data makes it an important factor of technological innovation and plays an important role in the reconstruction of global production,circulation,distribution,consumption and other fields.In the era of big data,the strategic value of data resources is becoming more and more prominent,and the focus of competition between countries will shift from capital,land and resources to technology,data and innovation competition.In an information-based society,data has become a new force for social development and technological progress.Government departments usually hold the richest data in a country and have an overwhelming advantage in the quantity,quality and variety of their data.Accelerating the opening up of government data has become a global trend,and promoting the opening up of government data has become an important development direction for the digital economy in countries around the world.With the widespread use of modern technologies such as digital technology,artificial intelligence and blockchain,government governance capabilities are also being enhanced.Digital technology drives the transformation of government functions,optimises public services and improves the effectiveness of government governance,and is an important means of innovation in social governance in the new era.The government is able to collect numerous fundamental and critical data resources in the process of performing its governance functions.The openness and coverage of data resources play a very important role in promoting the development of China’s economy and society.The opening up of data can effectively explore the potential of data and can effectively mobilise the enthusiasm of all kinds of subjects,thus promoting their participation in the construction of digital government.In addition,open data sharing can also facilitate the exchange of data between government departments,enterprises and social organisations,thus maximising the use of data.In recent years,China’s provinces and cities have been practising data opening,data sharing and legislation.With the changing international trends and the increasing demand for data from the domestic public and other social organisations,in addition to the complexity and variability of the data itself,government data openness also faces the question of how legislation should be conducted regarding government data openness.This paper combines the data openness report of the China Woods Openness Index with the actual situation of government data openness in China,composes and summarises the searched literature and retrieved government data openness-related policies and laws,starts from the concept of government data openness,clarifies the legal attributes of government data openness,analyses the current situation of government data openness in China’s provinces and cities,and legal problems and how to realize the path of rule of law for government data openness are discussed.By comparing the relevant legislation and policies of the United States,the Netherlands and Japan,and absorbing and drawing on mature experience,this paper proposes the legal path of government data opening from the perspective of administrative law and the actual situation of government data openness.