First, the reasons for local data legislation
1. The local government data is huge, so it is necessary to promote and standardize the safe management, open access and industrial application of government data through local data legislation.
2. The local government is the administrative manager of the data element resources in its administrative area, and it is necessary to construct the data legal order in its administrative area through local data legislation, solve the data-related contradictions and conflicts of interest, and promote the healthy, safe and sustainable development of the digital economy in its jurisdiction.
3. Local data legislation can accumulate experience for further formulating national data legislation by trying first.
Second, local data legislation needs to be improved.
1, the problem of weak enforceability is common. After the central government introduced the policy of big data or digital economy, many places have formulated local laws and regulations to promote the development of big data or digital economy, but the problem of weak enforceability is more common.
2. The public * * * data opening departments are different. Defining the subject of responsibility and its responsibility is the premise of promoting the opening of public data.
3. The degree of protection of individual rights is uneven. There are also different ways to protect personal information in data openness.
4. The data confirmation lacks the basis of superior method. The confirmation of data is still controversial in academic circles, but the central policy has established the general direction of establishing the operation mechanism of divided property rights such as the right to hold data resources, the right to use data processing and the right to operate data products.
The relationship that should be handled well in local data legislation
First, handle the relationship between local legislation and national legislation.
The Standing Committee of a local people's congress may, according to the specific conditions and actual needs of its administrative region, formulate local laws and regulations within the scope authorized by national laws and administrative regulations, which can neither contradict the superior law, nor explore and innovate too aggressively, nor copy the advocacy clauses in the superior law or the central policy to avoid "flexible" legislation.
Second, handle the relationship between data utilization and rights protection.
Data carries multiple value goals such as individual rights, commercial interests and public management. It is the proper meaning of developing digital economy to give full play to data efficiency, tap the commercial value of data and improve the management level of public management. However, the rights and interests of personal privacy, dignity and security carried by personal data such as personal information can not be ignored.
Third, handle the relationship between data confirmation and data utilization.
There are no certain rules for data validation in the world, and data collection, data transaction, data processing and data product development are not necessarily based on data ownership. Therefore, in local legislation, it is not necessary to rush to seek success and determine the ownership of data, but to actively explore the separation of data property rights.