翻译：
Data rights confirmation: Discrimination of multiple rights and responsibilities in public data
As the digital wave sweeps across the world, digital technologies are profoundly changing the way data is acquired, disseminated, managed and used. China has made a series of major decisions and plans to accelerate the construction of a strong cyber country, a digital China, and a digital government, which has effectively promoted the continuous improvement of China’s digital development level. Various information systems in various industries and localities have accumulated huge amounts of public data, which is not only an important basis for national governance, but also a strategic resource for promoting the development of the digital economy.
However, the concept of public data has not been accurately defined in the academic community, and there is no consensus on the concept, scope and rights and responsibilities of public data at the national and local levels, which greatly restricts the deepening process of the development and utilization of public data.
This paper will start from the source of public data, with clarifying the rights and responsibilities of various subjects as the main line, safeguarding the rights and interests of various subjects as the premise, releasing the value of public data as the core, strengthening the classification and classification of public data as the means, preventing security risks as the bottom line, giving classified policies, protecting the rights and interests of various subjects according to law, and promoting the reasonable and compliant circulation of public data and the safe and reliable development and utilization.
1. The connotation and characteristics of public data and the relationship between power and responsibility
(1) Connotation of public data
Data is any record of information by electronic or other means. Public data refers to all kinds of data related to public interests collected and generated by organizations authorized by state organs and laws and administrative regulations to manage public affairs or provide public services in the process of performing public management duties and providing public services. Public data not only involves government agencies, but also enterprises, institutions or social organizations that provide public services such as water supply, power supply, gas supply, public transportation, public health, and public education, as well as public research institutions or social organizations supported by government funds and public welfare funds. These institutions are collectively referred to as public management service institutions.
(2) Public data characteristics
Public data has five characteristics: multi-source, authority, exclusivity, value and sensitivity.
Multi-source: On the one hand, public management services are provided by different types of public management service organizations, and the data source departments (or data supply departments) holding public data involve multi-source subjects such as government agencies, enterprises and institutions, social organizations and various groups; On the other hand, the subject of the collected data (called the data association subject) involves many types of subject objects such as legal persons, natural persons, various things and their behaviors. Therefore, public data is multi-source, which leads to its existence in a decentralized, dynamic, diverse and massive way, and its ownership relationship is multiple and complex.
Authority: Public management service organizations (that is, public data holders) obtain the specific data of data association subjects in accordance with the public management service functions conferred by relevant laws and regulations, and have the credibility and authority conferred by law. The collection, storage, use, processing, transmission, provision and opening of public data must strictly follow relevant business standards and specifications to ensure the accuracy, rigor and authority of data.
Exclusivity: Public data is collected by public management service organizations in accordance with functions and laws and regulations and verified by data association subjects, which is true, accurate, effective, exclusive and unique, such as population data, social security data, etc., and therefore irreplaceable.
Value: Public data involves all aspects of politics, economy, society, culture and life. It has the characteristics of large volume, good quality and comprehensive categories, wide application scenarios, and is closely related to political, economic, social and cultural life. It has strong integration and reuse, high multiplication value, and great development and utilization value.
Sensitivity: Public data reflect the overall situation of the country’s economic and social operation. After data integration, it can be used for public decision-making analysis, involving national security and personal rights and interests, with high sensitivity. Unified authorization, unified control and unified supervision are required to ensure that the whole process of public data development and utilization can be regulated, recorded, traceable and auditable.
(3) Public data right and responsibility relationship model
In the new context of a data-driven digital economy, concepts such as ownership and sovereignty are being challenged, and it is important not to determine who “owns” the data, but who has access to, control and use it. Governance of data and data flows is critical. In the digital space, data is a stream of bits composed of 0s and 1s (that is, everything is a bit), which can be transmitted and replicated among various subjects (that is, stakeholders) through intelligent terminals, networks and platforms. The data is distributed (cloth) and mapped into the digital space, which is jointly held by various types of entities (that is, multiple parties), and each type of entity can hold full or partial copies of the original data for development and utilization. The data ownership relationship has evolved into a complex multiple interdependence, while the roles and identities of various subjects overlap and transform each other in the process of data flow, which brings new challenges to the determination of data ownership, the definition of rights and responsibilities of various subjects and the protection of rights. In the digital space constructed by data, the essence of the right unique to data is the actual control or control processing ability of the data composed of bit streams (that is, data control). Table 1 summarizes and analyzes data-specific rights and traditional rights.
From the whole life cycle of public data development and utilization, Public data involves data association subjects (i.e., data producers), public management service organizations (i.e., data collectors, data providers, data source organizations), data centers (i.e., data aggregators), data authorities (i.e., data administrators), data authorization operation organizations (i.e., data professional processors), data professional service organizations, data trading organizations (i.e., data intermediaries), and data Multiple stakeholders such as data users. Public data is held separately by various stakeholders in accordance with relevant responsibilities, and all holdings vary in size and scope of authority and responsibility. The public data right and responsibility relationship model (see Figure 1) divides the public data development and utilization life cycle into three links (namely, the compliance reliable data supply link, the compliance reliable data circulation link and the compliance multiplied data utilization link), and analyzes the scope of the rights and responsibilities of each link. Figure 2 summarizes the multiple rights and responsibilities of public data subjects in each link.
2. Public data compliance reliable supply link power and responsibility analysis
From the perspective of data supply side, public data comes from data association subjects, but is actually controlled by public management service organizations, data centers and data authorities, involving multiple levels (national, provincial and municipal, district and county, etc.), multi-industry fields (administrative management, people’s livelihood services, social security, etc.), and multiple skills (such as administrative management, data management, etc.). It is necessary to focus on rationalizing the relationship between the rights and responsibilities of all parties, gradually building a data governance pattern of “division and autonomy, collaboration and co-governance”, and forming a compliant and reliable high-quality public data service guarantee system.
(1) Data association subject
Data association subjects are data producers (also referred to as “data association objects”, referred to as “data subjects” or “data objects”), involving natural persons, legal persons, unincorporated organizations and various related behaviors.
According to the requirements of relevant laws and regulations of public management services, the data association subject should cooperate with the public management service agency, provide the minimum necessary data required in the process of performing their duties, and verify it in accordance with the relevant process to ensure that the data is true, accurate and effective. Depending on the type of subject associated with the data, the data will involve different types of traditional rights. Taking natural human as an example, these data may involve privacy information such as personality rights, property rights and right to know of data associated subjects. These data belong to the specific attributes and behavioral trajectories of a certain data subject with prominent individual characteristics, but the scope involved is small. Under the premise that they are not aggregated by a certain type of institutions using the data siphon effect, they do not have the value of large-scale development for the time being. The data association subject should be the actual owner of these data, but limited by the ability and means, but can not really hold or control these data, such as electricity data, water data are often mastered by the power supply, water supply enterprises. The fact is that the data association subject has transferred the right to hold or jurisdiction over the data to the public management service. The Data Security Law clearly stipulates that the State protects the rights and interests of individuals and organizations in relation to data. In particular, the personal rights and interests of natural persons with respect to their personal information shall be protected in accordance with the law.
(2) Public administration service institutions
Public management service organizations are data collectors (or “data source departments”), should follow the necessary, legitimate and legal principles, in accordance with the legal authority, scope, process and standards to collect the required data, in particular the use of digital technology to effectively manage the collected data, and identify the data from the source of the relevant subjects. Responsible for data classification and classification, data kinship identification, metadata registration, data quality maintenance, data security protection and other related data responsibilities. According to the duties given by laws and regulations, public management service agencies have obtained the right, right and jurisdiction of batch data collection related to the performance of their duties, so that they actually have the right to hold such data resources and the right to use data processing. This kind of data has certain characteristics of the industry field, and gradually forms exclusive batch data (such as population data, legal person data, power data, etc.), which has the value of large-scale development and utilization to meet the specific industry field. Public management service agencies shall also comply with the mandatory requirements of laws, regulations and national standards such as network security, data security and personal information protection, and shall properly protect personal privacy and trade secrets that they know in the performance of their duties in accordance with the law, and shall not disclose or illegally provide them to others, that is, bear the responsibility for data security.
Public management service agencies are responsible for the overall planning, guidance, coordination and supervision of data management in their business fields; Strengthen the classification and classification management of public data, establish and improve the public data quality management system of the system and the industry, strengthen data quality control, and ensure that the data is true, accurate, complete, timely and usable; In accordance with the principle of data and business correspondence, sort out public data resources, maintain the master data, metadata and data model of the system and the industry; According to the requirements of public data resource catalog compilation standards, the organization’s public data catalog management; To plan the public data resource system of the institution, build and manage the relevant subject database in accordance with the relevant regulations and requirements of the overall planning of the public data resource system; Under the guidance of the regional data authorities, according to the application needs and cooperation with the data center of the region, the corresponding public data is collected and updated to the basic database and special database of the public data management platform; Explore professional and full-time system innovation such as chief data officer or data management specialist.
(3) Data center
The data center is a data aggregator, which obtains the collection rights, holding rights and jurisdiction of massive public data resources in the region or industry according to the responsibilities given by relevant laws and regulations of various regions and industries. In fact, it has the holding rights and data processing rights of these large-scale data resources in the region or industry. At the same time, it is necessary to build public data infrastructure and public data resource management platform. To achieve unified, intensive, safe and efficient management of massive public data resources in the region and the industry, and provide technical support and service support. Local data centers should play the role of data circulation hubs for uploading and distributing, collect the relevant data of various public management service institutions in their jurisdiction in the way of physical decentralization and logical centralization, and divert the high-frequency data to the local data lake (or data resource pool) to provide a stable data base for the development and utilization of public data in the region. The industry data center should be responsible for collecting data at all levels of the industry field, providing a stable data base for the development and utilization of data in the industry field, and guiding the local affiliated institutions to cooperate with the local data center to collect the relevant data of the industry’s region, serving the construction and development of local digital government, digital economy and digital society.
Local data centers are specifically responsible for the centralized and unified management of public data in the region, formulate public data classification rules and standards according to the commonality, foundation, importance and data source attributes of public data, clarify the management requirements of different types of public data, and adopt differentiated management measures throughout the life cycle of public data. Guide institutions to compile public data catalogs and provide technical support and service guarantee; Under the guidance of the data authority, organize the quality supervision of public data, conduct real-time monitoring and regular evaluation of data quality, and establish a management system for objections and corrections.
Local data centers are like reservoirs in each region, gathering and flowing full public data (block data) of regional economic and social development; The industry data center runs through all parts of the country like a canal, gathering and flowing the full amount of data in the industry field (that is, data); The construction of the national integrated data center system will effectively connect data centers in various regions and data centers in various industries, and then form a new data infrastructure that serves the development of the national digital economy.
(4) Data authority
The data authority is the data controller, which obtains the comprehensive and overall management right of the massive public data resources of the region and the industry (that is, the management right) in accordance with the responsibilities given by the relevant laws and regulations of the region and the industry, and is the organization that exercises the comprehensive management right of the massive public data resources, data processing and use, and data product management rights on behalf of the region and the industry. To be responsible for overall planning and comprehensive coordination of the development and management of public data in the region and the industry, and to promote the comprehensive management, circulation and utilization of public data. In particular, local data authorities are the command center of the overall management of regional public data, just like the administrator of the reservoir in the care area, responsible for establishing and improving the management system of public data resources, organizing the investigation of public data resources, drawing a complete map of regional public data resources, and strengthening the guidance and supervision of the regional data centers under their jurisdiction. To promote, guide, coordinate and supervise the sharing, opening and utilization of public data among public administration and service institutions in the region, and give full play to the positive role of public data resources in optimizing public administration and services, upgrading the modernization level of urban governance, and promoting economic and social development.
The data authority is the overall planning and commanding of the public data governance system in various regions and industries, and the responsible subject of the effective supply of public data in the leading regions and industries. It needs to constantly improve the awareness of system thinking, overall planning and coordination ability, and data governance skills, so as to grasp the overall situation, grasp the commonality, grasp the platform, and grasp the results. Organize to establish and improve the quality control system of the whole process of data, strengthen the supervision and inspection of data quality before, during and after the event, timely update the changed and invalid data, realize the traceability and accountability of problem data, and ensure the timeliness, accuracy and integrity of data.
3. The public data compliance trust of the circulation link power and responsibility analysis
The form of public data circulation can be circular sharing within the public data system, or it can flow from the supply side to the data consumer, and it is a necessary stage from supply to utilization. The relevant authority and responsibility subjects of public data circulation include data association subjects, public management service institutions, data centers, data authorities and data authorization operation institutions. Efficient, secure and compliant public data circulation requires relevant data subjects to assume their respective responsibilities for supervision, operation and maintenance, and control.
(1) Data association subject
In the process of public data circulation, when involving natural persons, legal persons and non-natural person organizations, attention should be paid to protecting the legitimate rights and interests of data related subjects such as the right to know and the right to decide. Data related subjects should raise their awareness of safeguarding their legitimate rights and interests, clearly know the flow direction and use of personal information or corporate information in accordance with the Personal Information Protection Law and other laws and regulations, and avoid personal, personality and property safety violations.
(2) Public administration service institutions
According to the sharing attributes, public data can be divided into unconditional sharing, restricted sharing and unshared data. Public management service institutions shall evaluate the public data collected and generated by them according to their legal duties, determine the sharing attributes scientifically and reasonably, form a data sharing list, and update it regularly; Where restricted sharing of data is included, the reasons should be explained and the sharing conditions should be clearly defined; Where data is not shared, it shall provide a clear basis for laws, regulations, rules or relevant state provisions.
Public management service institutions shall, according to the needs of performing their duties, put forward applications for public data sharing, clarify the basis, purpose, scope, mode and related needs of data use, and strengthen the management of the use of shared data in accordance with the requirements of the data competent authorities and data source departments at the same level, and shall not exceed the scope of use or be used for other purposes.
After receiving applications for data use requirements from other public administration service agencies or social groups, public administration service agencies shall respond within a specified time and provide necessary data use guidance and technical support.
(3) Data center
The data center shall, under the guidance of the data authority, continuously improve the sharing and exchange service function of the public data resource management platform to ensure that the public data can be shared timely and accurately among institutions; Responsible for maintaining local and industry public data sharing directories; Under the guidance of the data authority, organize the implementation of the basic database construction of natural persons, legal persons, natural resources and spatial geography in the region; Implement unified collection of relevant data according to the requirements of public data classification management to ensure the real-time, integrity and accuracy of data collection to the big data resource platform; Assist data authorities and public administration and service agencies in solving cross-departmental and cross-provincial data flow and sharing technology issues; Cooperate with data authorization operators to build a safe and trusted data development and utilization environment, and guide data authorization operators to develop relevant data products and data services for public data circulation and sharing; Monitor the application of public data, when found to be out of scope, promptly notify the data authority and relevant agencies, and immediately stop relevant services.
(4) Data authority
Data authorities should establish public data circulation mechanisms based on shared demand lists, responsibility lists and negative lists; In conjunction with relevant institutions, we will continuously improve the basic databases of population, legal person, credit, electronic license, spatial geography of natural resources, as well as cross-regional and cross-departmental thematic databases on the public management data platform; Responsible for the overall procurement of other social data that is not available from public data management platforms but is necessary for the performance of their duties; To guide the construction of regional data centers and improve the public data management platform, coordinate and promote the integration of regional public data catalogs, organize the formulation of unified catalog compilation standards, and organize the compilation of regional public data catalogs; Establish and improve the coordination and handling mechanism of public data circulation supply and demand docking, and be responsible for coordinating and handling objections when they occur; Guide the affiliated big data center to dynamically update the public data circulation catalog, demand list and negative list; Relying on the public data management platform to establish a unified data sharing, open channels; Establish a supervision and inspection mechanism for daily public data management, and organize supervision and inspection of the compilation, quality management, sharing, opening and circulation of public data in public administration and service institutions; Organize regular assessment and evaluation of the effectiveness of public data work.
(4) Data authorization operator
Data authorization operation organization is a data development user with professional skills. According to relevant requirements and procedures, it obtains a specific scope and limited amount of public data development rights from the data authority, holds relevant data in a safe and trusted data development environment, and engages in data processing activities such as data cleaning, labeling, analysis, mining, desensitization, algorithm training, and machine learning. Form data products and data services (e.g., high-value open datasets, algorithmic models, API services, etc.).
The data authorization operation organization shall, under the guidance of the data authority and with the cooperation of the data center, build a secure and trusted data development and utilization environment to ensure the safe, reliable and efficient circulation of public data. Under the premise of safeguarding national security, social public interests, and protecting the legitimate rights and interests of citizens, legal persons and other organizations, the public data authorization operation activities in the region shall be carried out, and the original data shall not be provided to a third party in any form under any circumstances, nor used for any other purpose, to ensure that the data is not out of the domain and the data is available and invisible.
4. Power and responsibility analysis of the utilization link of public data compliance multiplication
Public data contains huge economic value and is a basic strategic resource to promote the development of digital economy. It is necessary to promote the wider opening of public data to the whole society and promote the external circulation between public data and social data under market allocation. Encourage and support citizens, legal persons and other organizations to use open public data to carry out scientific research, consulting services, application development, innovation and entrepreneurship, and promote the integrated development of public data and non-public data. The opening of public data shall follow the principles of classification and classification, demand orientation, security and controllability, and maximize the development and utilization within the scope permitted by laws and regulations. The relevant powers and responsibilities of the public data utilization link include public management service agencies, data centers, data authorities, data authorization operation agencies, data trading agencies, data users, etc.
(1) Public administration service institutions
Public administration service institutions shall, in accordance with the scope of their responsibilities, clarify the scope, type, conditions and update frequency of their public data opening, and dynamically adjust them; To be responsible for publishing the public data open directory of the institution through the public data open platform; For public data subject to conditional opening, the manner of opening, use requirements and security measures shall be clearly defined when compiling the open catalogue of public data.
(2) Data center
The data center relies on the public data resource management platform to build and maintain the public data open platform, provides data download and application program interface according to the type of public data open, and builds a safe and trusted data comprehensive development and utilization environment. Under the guidance and supervision of the data authority, and in accordance with the management measures of the data authorization operation agency, organize the qualification review and capability assessment of the agencies that submit the application for data authorization operation agency; The authorized operation agreement shall be signed with the data authorized operation organization. The authorized operation agreement shall specify the authorized operation scope, operation period, calculation method of reasonable income, data security requirements, asset disposal after the expiration of the term, etc. Responsible for the daily supervision and management of the data authorization operation organization.
(3) Data authority
The data authority shall establish a public data open management system based on the public data resource catalog system, and organize relevant agencies to compile the public data open catalog and adjust it in time; We should build a public data open platform based on the public data resource management platform, and organize public management and service institutions to open public data to the society through the platform; Organize the formulation of public data authorization operation management measures, clarify the authorization method, the security conditions of authorized data operation institutions and the operation code of conduct; Jointly with relevant departments and experts such as Internet and information technology, to assess the compliance and security risks of the application scenarios planned by the authorized data operation organization; To organize and carry out innovative pilot projects on the opening up, development and utilization of public data; Organize public administration and service agencies to draw up an annual key list of public data opening for widespread use by society.
(4) Data authorization operator
The data authorization operation organization shall submit the application for authorization of public data operation organization and related supporting materials in accordance with the relevant requirements and procedures of the public data authorization operation management measures; Under the guidance of the data authority, negotiate the entrusted data development and utilization tasks with the data authority or data center or public management and service agency, determine the data development purposes, data application scenarios, and sign the entrusted authorization agreement; Accept qualification review and capability assessment by data authorities and data center organizations; Rely on the public data platform to build a safe and trusted data development and utilization environment, and process the authorized public data in accordance with the principle of keeping the original data within the domain; The data products and services formed by processing can be provided to users and obtain reasonable benefits.
(5) Data trading institutions
As a unified service portal for an open data platform, data trading institutions are responsible for building data trading rules and data trading platforms, formulating transaction processes, supervising data trading behaviors, promoting data products or data services to the society, and promoting the construction of an ecosystem of data development and utilization subjects.
(6) Data users
Data users have the right to legally obtain data products and services formed by the development and utilization of public data resources and use them in accordance with relevant agreements. Natural persons, legal persons and unlegal organizations are encouraged to conduct in-depth processing and value-added use of public data, activate the data multiplier effect, release the value of public data by actively creating multiple public data application scenarios, optimize resource allocation, improve production efficiency, inject new impetus into new quality productivity, and maximize the economic and social value of public data.
5. Create a service system that multiplies the value of public data
In its 2021 Digital Economy Report, the United Nations considers data as a global public good. As a product of public management and public service, public data involves the public interests and public welfare of the whole society. Like water resources, public data nourishes the coordinated development of digital government, digital economy and digital society. It is a public resource shared by the whole society and needs to be taken from and used by the people.
To sum up, the public data right and responsibility relationship model divides the life cycle of public data development and utilization into data supply link, data circulation link and data utilization link. The relationship of multiple rights and responsibilities of public data is a development process from quantitative change to qualitative change, just as water droplets become streams, streams converge into rivers, rivers converge in reservoirs, and reservoirs become water plants or hydropower stations. It is also a process of energy transformation, from potential energy to kinetic energy, from kinetic energy to potential energy, and realize the mutual transformation between potential energy and kinetic energy according to energy needs, just as the flow of water gathers force to form potential energy, and the potential energy gathers and explodes more kinetic energy, and repeats and iterates constantly to produce more energy.
Public data sinks streams into rivers and oceans, gathering potential energy and bursting out stronger kinetic energy, and then creating greater and stronger data value to benefit society and mankind.
On this basis, the development and utilization of public data should be closely focused on the overall idea of building a deep and domain-based data element market operation system (see Figure 3). Create “one” (data base), “two” (resource supply market and product circulation market), “three domains” (internal control domain, intermediate processing domain, external circulation domain), and “four chains” (supply chain, processing chain, value chain, and chain of supervision).
Consolidate the safe and robust data base, and promote the construction and development of the primary market for public data resources and the secondary market for the circulation of public data products and services; Create a three-domain multi-party collaborative governance system for data circulation that is “internal control domain + intermediate processing domain + external circulation domain”; Build a reliable data compliance guarantee mechanism organically composed of four chains: a reliable supply chain of compliance, a reliable processing chain of compliance, a value chain of compliance multiplication and a chain of custody of compliance traceability, and coordinate and improve the power and responsibility setting, authorization and supervision system of multi-dimensional rights such as data holding rights, management rights, operation rights, processing rights and product rights. Clarify the rights and responsibilities of data providers, aggregators, operators, developers, users, regulators and other parties, ensure the efficient and compliant circulation and utilization of data, make public data “available”, “fluid”, “well used”, and “manageable”, give play to the social benefits of public data, release the economic value of public data, and let digital China ride the trend.
