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Governance: Open data policy

To what extent do relevant laws, regulations, policies, and guidance provide a comprehensive framework for generating and publishing open data?

Definitions and Identification

A framework for open (government) data may take the form of law, regulation, policy, or guidance. It will commit the government to making non-sensitive, government-held data available for reuse both legally (e.g., through licenses and terms of use) and technically (e.g., through providing data in machine-readable formats).

Open data frameworks may exist on their own or as part of broader data strategies or policies.

For more about open data, consult the Open Data Handbook.

Examples

  • Korea's 2013 Act promotes open data access by mandating institutions to provide open data and ensuring its generation and publication. The Act defines open data (Article 2), requires adherence to data standards for quality control (Articles 22 and 23), and mandates publication in machine-readable formats (Articles 2 and 24). It also encourages the development of a strong public data use culture by empowering both institutions and users (Article 25).

  • The Australian Government Public Data Policy outlines requirements for generating and publishing open data. It mandates data be published in machine-readable, spatially-enabled formats while ensuring security, privacy, and commercial confidentiality. It also requires data to be accessible via free, user-friendly, high-quality APIs.

Check the currency of any open data frameworks to confirm they remain active and are being implemented.

Starting points

  • Sources:

    • The EU Data Maturity Report provides data on the state of open data strategies and policies in European countries.

    • The OECD OUR Data Index provides country fact sheets covering open data policies.

    • The OGP Explorer contains details of commitments to open data made through the Open Government Partnership.

    • The qualitative data from the Open Data Barometer provides details of policies and strategies identified prior to 2017 generally, prior to 2019 for Latin America and the Caribbean; look for sheets with primary data on ODB context and impact and filter by question ID "ODB.2015.C2."

  • Search:

    • General searches for: "Open data policy," "data strategy," "open data strategy."

    • Search academic search engines (e.g., Google Scholar, arXiv, ResearchGate, etc.) for recent papers on "open data" + [country].

  • Consult:

    • Open data advocates and experts.

What to look for?

Look for evidence that can answer the following questions:

  • Are there laws, regulations, policies, and guidance that provide a comprehensive framework for generating and publishing open data?

    • What is their nature?

    • Do they include a common definition of "open data"?

    • Do they promote open licenses?

    • Do they require machine readability as part of open data?

    • Do they require the use of data standards?

    • Do they promote data training and capacity-building among public officials?


Show/hide supporting questions

Existence

  • What is the nature of the framework?

    • No framework exists.
      Supporting questions: In the absence of a strong legal framework, are there alternative norms or customs that play this role in the country? If so, please explain.
    • A framework exists but lacks full force of law.
      Supporting questions: In the absence of a strong legal framework, are there alternative norms or customs that play this role in the country? If so, please explain. Please provide brief details.If there are draft laws or regulations not yet in force that would provide a more robust framework in the future, please provide brief details, including the date(s) of any relevant drafts. Please provide a URL(s) for where evidence can be found.
    • A framework exists and has the force of law.
      Supporting questions: Please provide brief details.Please provide a URL(s) for where evidence can be found.

  • Extent of existence:

  • How comprehensive, in terms of jurisdiction, is the coverage of the framework assessed for this question? (The framework covers one or more localities, but there are many other localities without such a framework, or with a framework of a lesser quality., The framework covers one or more localities and is representative of the kind of frameworks that can be found for all, or most, localities., The framework provides national coverage.)

    Supporting questions (conditional)

    If The framework covers one or more localities, but there are many other localities without such a framework, or with a framework of a lesser quality. or The framework covers one or more localities and is representative of the kind of frameworks that can be found for all, or most, localities.: Which locality or localities does this framework cover?

    If The framework covers one or more localities, but there are many other localities without such a framework, or with a framework of a lesser quality. or The framework covers one or more localities and is representative of the kind of frameworks that can be found for all, or most, localities.: Please explain your response.

    If The framework covers one or more localities, but there are many other localities without such a framework, or with a framework of a lesser quality. or The framework covers one or more localities and is representative of the kind of frameworks that can be found for all, or most, localities.: Please provide supporting URL(s) as necessary.

  • How comprehensive, in terms of parts of government, is this framework? (The framework covers only a limited part of government (e.g., only a single agency or a few agencies), and there are many parts of government without such frameworks., The framework covers, or is representative of frameworks covering, many agencies or parts of government, but there are some agencies or parts of government without such frameworks., The framework covers all or most of government.)

    Supporting questions (conditional)

    If The framework covers only a limited part of government (e.g., only a single agency or a few agencies), and there are many parts of government without such frameworks. or The framework covers, or is representative of frameworks covering, many agencies or parts of government, but there are some agencies or parts of government without such frameworks.: To which agency or agencies, or part(s) of government, does this framework apply?

    If The framework covers only a limited part of government (e.g., only a single agency or a few agencies), and there are many parts of government without such frameworks. or The framework covers, or is representative of frameworks covering, many agencies or parts of government, but there are some agencies or parts of government without such frameworks. or The framework covers all or most of government.: Please provide supporting URL(s) as necessary.

  • Existence summary:

  • Please summarize your answers to the preceding existence sub-questions, including the extent of existence. [Open Text] Drawing on the research you have conducted and the evidence you have gathered for this section, describe what you have found (or not found) when answering the existence sub-questions for this indicator.

    Supporting questions

    Please provide the URL(s) for the evidence that supports the summary provided.

Elements

  • Rights and responsibilities:

  • The framework establishes a common definition of open data. (No, Partially, Yes) Answer “Partially” if there is a definition but it omits key aspects of open data (such as machine readability or permissions for reuse).

    Supporting questions (conditional)

    If Partially: Please explain your “Partially” response.

    If Partially or Yes: Please indicate which section of the framework refers to this issue.

  • The framework promotes open licensing without any restrictions beyond attribution and share-alike. (No, Partially, Yes)

    Supporting questions (conditional)

    If Partially: Please explain your “Partially” response, including the main limitations of the framework’s approach to data reuse.

    If Partially or Yes: If the framework requires a specific license, please provide the URL or name of the license.

    If Partially or Yes: Please indicate which section of the framework refers to this issue.

  • The framework requires data to be published in machine-readable formats. (No, Partially, Yes)

    Supporting questions (conditional)

    If Partially: Please explain your “Partially” response.

    If Partially or Yes: Please indicate which section of the framework refers to this issue.

  • The framework requires the use of specific data standards. (No, Partially, Yes)

    Supporting questions (conditional)

    If Partially: Please explain your “Partially” response.

    If Partially or Yes: Are they international standards?

    If Partially or Yes: Please list significant data standards mentioned in the framework.

    If Partially or Yes: Please indicate which section of the framework refers to this issue.

  • Specific considerations:

  • The framework promotes open data–related training and capacity building among government officials. (No, Partially, Yes)

    Supporting questions (conditional)

    If Partially: Please explain your “Partially” response.

    If Partially or Yes: Please indicate which section of the framework refers to this issue.

  • Elements summary:

  • Please summarize your answers to the preceding element sub-questions. [Open Text] Drawing on the research you have conducted and the evidence you have gathered for this section, describe what you have found (or not found) when answering the element sub-questions for this indicator.

    Supporting questions

    Please provide the URL(s) for the evidence that supports the summary provided.

Promoting the reuse of public data is central to realizing the potential of data for the public good. Open data laws, policies, or strategies provide the framework within which government data can be made available as a resource for third parties to work with.

The Open Data Barometer's 2017 Leaders Edition included an indicator (ODB.2015.C.POLI) which asked the question "To what extent is there a well-defined open data policy and/or strategy?" This indicator is designed to provide comparable data to the ODB indicator. It converts the guidance from the ODB's 0–10 scoring system to element checklist items that should yield similar scoring for similar situations. It reflects the GDB's assumption that governance frameworks based in law are preferable to frameworks based in policy alone.