The term "public data" as mentioned in these Measures refers to all kinds of data resources obtained by administrative organs at all levels and institutions with public management and service functions (hereinafter referred to as public management and service institutions) in the process of performing their duties according to law.
The term "public * * data opening" as mentioned in these Measures refers to the public * * * services provided by public * * * management and service institutions to the society with original, machine-readable and socialized data sets. Article 3 The people's governments at or above the county level shall strengthen the leadership and coordination on the opening, utilization and security management of public data, and incorporate the opening, utilization and security management of public data into the national economic and social development planning system, and the required funds shall be included in the fiscal budget at the corresponding level. Article 4 The department in charge of big data development of the people's government at or above the county level or the department determined by the people's government of a city or county (city, district) divided into districts is the department in charge of public data opening and utilization (hereinafter referred to as the public data department), which is responsible for guiding, supervising and organizing the public data opening and utilization work within its administrative region and specifically undertaking the public data opening work at the corresponding level.
The relevant departments of the municipal people's governments of provinces and districts shall guide, standardize and promote the opening and utilization of public data in this system.
Public * * * management and service institutions that provide public * * * data opening services (hereinafter referred to as public * * * data opening units) are responsible for the public * * * data opening, utilization and security management of their own units.
Economic and information technology, public data and other competent departments are responsible for promoting the use of public data to promote the development of related industries.
The competent departments of network information, public security, public data and confidentiality shall, according to their respective responsibilities, do a good job in the safety management of public data. Fifth provincial public * * * data department is responsible for the establishment of public * * * data expert committee (hereinafter referred to as the expert committee), and formulate the working rules of the expert committee. The expert committee is composed of experts from institutions of higher learning, scientific research institutions, social organizations, enterprises and relevant departments. Chapter II Disclosure of Data Article 6 The disclosure of public data shall follow the principle of disclosure according to law. If laws, regulations, rules and state regulations require or stipulate that it can be made public, it shall be made public; If it is not clearly disclosed, it shall be disclosed in a safe and orderly manner; If it is forbidden to open, it shall not be opened.
The subject of public data opening should actively promote the work of public data opening, establish a dynamic adjustment mechanism for the scope of public data opening, and gradually expand the scope of public data opening. Article 7 The disclosure subject of * * * data shall, according to the local economic and social development, focus on and give priority to the disclosure of the following * * * data:
(1) Data closely related to public safety, public health, urban governance, social governance and people's livelihood security;
(two) natural resources, ecological environment, transportation, meteorology and other information;
(3) data such as administrative license and enterprise credit information closely related to the development of digital economy;
(four) other data that need to be focused on and given priority.
To determine the specific scope of public data priorities and priority opening, we should adhere to demand orientation and solicit opinions from relevant industry associations, enterprises, the public and industry authorities. Article 8 If sudden natural disasters, accidents, public health incidents and social security incidents cause or may cause serious social harm and directly affect the vital interests of the public, the people's governments at all levels and the relevant departments responsible for handling emergencies shall timely and accurately disclose relevant public data according to law, and dynamically update them according to public needs. Where laws and regulations provide otherwise, such provisions shall prevail. Article 9 The provincial department in charge of public * * * data shall, jointly with the relevant departments at the same level, formulate the classification and grading rules of public * * * data according to the requirements of the state for classification and grading of public * * * data, and promote the classification and grading of public * * * data.
The relevant industry departments of the province shall, according to the relevant provisions of the national and provincial public data classification, formulate the detailed rules for the implementation of this system. Tenth provincial public * * * data departments shall, according to the requirements of national and provincial public * * * data classification, organize the preparation of provincial public * * * data open directory project project, and the municipal public * * * data departments with districts may organize the preparation of the open supplementary catalogue of public * * * data at the corresponding level. The province's public * * * data public directory project and supplementary directory to implement annual dynamic adjustment.
The province's public * * * data open directory project project and supplementary catalogue shall be marked with data name, data open subject, data open attribute, data format, data type, data update frequency and other contents. Eleventh plans to open the public * * * data is not included in the province's public * * * data open directory project project and supplementary directory, should be included in the relevant directory, and clear the subject of data opening.
If there is a dispute between public management and service institutions on the subject of disclosure of specific public data, both parties to the dispute shall settle it through consultation; If consultation fails, the competent department of public data at the same level shall solicit the opinions of the expert committee and report to the people's government at the same level for determination. Article 12 The openness of public data can be divided into forbidden openness, restricted openness and unconditional openness.
The competent department of public * * * data may propose amendments to the data opening attributes determined by the public * * * data opening subject at the same level. If no consensus can be reached, it shall be reported to the people's government at the corresponding level for decision after consulting the expert committee. Where laws and regulations provide otherwise, such provisions shall prevail.