The Measures for the Management of Government Data Resources of Anhui Province have been adopted at the 125th Executive Meeting of the Provincial People's Government on December 22, 2020, and are hereby promulgated and shall come into force as of March 1, 2021。

省  长  李国英

2020年12月30日

安徽省政务数据资源管理办法

第一章  总    则

Article 1 In order to standardize the management of government data resources, promote the interconnection of government information systems and the collection, sharing and application of government data, build a digital government, improve government governance capacity and public service level, these Measures are formulated in accordance with relevant laws and regulations and in light of the actual situation of this province。

Article 2 These Measures shall apply to the collection, collection, storage, provision, sharing, application and management activities of government data resources in the administrative areas of this province。

本办法所称政务数据，It is made or obtained by government departments and organizations authorized by laws and regulations to have administrative functions (hereinafter referred to as government departments) in the process of performing their duties，以电子或者非电子形式记录、保存的文字、数字、图表、图像、音频、视频等，Including the government departments directly or through the third party to collect the data according to law, authorized to manage according to law, and because of the performance of duties need to rely on the government information system formed data。

Article 3 The management of government data resources shall follow the principles of unified standards, overall construction, sharing and opening up, management according to law, and security guarantee。

Article 4 People's governments at or above the county level shall strengthen the organization and leadership of the administration of government data resources, establish an overall coordination mechanism, and incorporate the development and construction of government data resources into the national economic and social development plans of their respective administrative areas。We will strengthen funding guarantees, include project construction funds related to the integration and sharing of government data resources into government fixed asset investment, and work funds related to the integration and sharing of government data resources into departmental budgets。In accordance with the requirements of the Yangtze River Delta regional integration development strategy, promote platform integration, data resource sharing, business coordination, and deepen cooperation and exchanges in government data resource management。

Article 5 The competent departments of data resources of the people's governments at or above the county level shall be responsible for overall coordination, guidance and supervision of the administration of government data resources within their respective administrative areas。

Government departments are the departments that provide and use government data, and are responsible for the compilation, collection, collection, storage, provision, sharing, application, opening and related management of government data resources in their own departments and systems。

Article 6 The management of government data resources shall safeguard national security and public security, keep state secrets, protect trade secrets, personal information and privacy, strictly keep the trade secrets, personal information and privacy that are known in the performance of duties, and shall not be disclosed, sold or illegally provided to others。

第二章  开发建设

Article 7 The province shall build the Jianghuai big data center platform, build and share data infrastructure, and promote the interconnection, aggregation, sharing and opening, development and application of all kinds of government data。除国家另有规定外，政务部门不得新建数据中心。

Government departments should rely on the JAC big Data Center platform to promote the compilation, collection, storage, provision, sharing, application and opening of a unified catalog of all types of government data。

Eighth JAC big data center platform is divided into a total platform, sub-platform and sub-platform, composed of JAC big data center framework system。

The data resources department of the provincial people's Government is responsible for the construction and operation management of the general platform of Jianghuai Big Data Center, the provincial government cloud platform, the e-government external network, and the disaster backup center。

省政务部门负责江淮大数据中心分平台的建设和运行管理。

The data resources department of the municipal people's government divided into districts is responsible for coordinating the construction and operation management of the Jianghuai big data center sub-platform, government cloud platform, e-government external network, etc。

本办法施行前已经建成的数据中心等，应当与江淮大数据中心平台和本级政务云平台互联互通。

Article 9 The non-secret-related government information system of government departments shall rely on the Jianghuai big data center platform and government cloud platform for construction and deployment to achieve interconnection, data sharing and business collaboration。Unless otherwise provided by laws, regulations and rules, non-secret-related government information systems that cannot achieve interconnection, data sharing and business coordination shall not be approved for construction, nor shall operation and maintenance funds be arranged。

Article 10 Government data resources and government information projects invested by the government shall be submitted to the competent data resources department of the people's government at the same level for preliminary examination before the project approval。市、县人民政府对项目审批程序另有规定的，从其规定。

政务信息化项目立项申请前，应当预编形成项目数据资源目录，作为项目审批要件。

Article 11 After the completion of government-invested government data resources and government information projects, the construction unit or the department designated by the people's government at the same level shall organize the acceptance inspection, and submit the acceptance report to the data resources department of the people's government at the same level for the record。The acceptance report shall include the completion of construction objectives and tasks, system functions, data sharing and openness, safety level protection, standardization construction, etc。

The government data resources and government information projects invested by the government should incorporate the project data resource catalog into the sharing platform directory management system as a project acceptance requirement。

Article 12 The construction and management of government data resources and government informatization projects may adopt the way of government purchasing services to meet the needs of rapid iterative application development。

第三章  数据归集

13th provincial government data resources in accordance with the relevant provisions of the state by the provincial data resources department to implement a unified catalog management。

Catalog management should clarify the classification of government data, responsible subjects, formats, attributes, update time limits, sharing types, sharing methods, use requirements and other content。

The data resource department of the provincial people's government is responsible for putting forward the requirements for the compilation of the government data resource catalog, organizing and coordinating the provincial government departments and the cities with districts to carry out the compilation of the catalog, and forming a unified provincial government data resource catalog after reviewing and summarizing。

Article 14 The provincial government departments shall, in accordance with the requirements for the compilation of the government data resources catalog, sort out the government data resources of their own departments and systems, and compile the government data resources catalog of their own departments。

The competent department of data resources of the municipal people's government divided into districts may, with the consent of the competent department of data resources of the provincial people's government, compile a personalized directory of local government data resources。

第十五条  政务部门履行职责所依据的法律、法规、规章修改或者行政管理职能发生变化，本部门政务数据资源目录需要变更的，应当自变更之日起10个工作日内更新本部门政务数据资源目录，并在3个工作日内将更新后的政务数据资源目录及变更依据等，报送本级人民政府数据资源主管部门。

Article 16 Government departments shall collect government data in accordance with the catalogue of government data resources and the requirements of data collection standards, and follow the principles of legality, necessity and moderation。

Government departments shall collect data in accordance with the requirements of multiple sources and multiple uses of one source to achieve one-time collection and shared use, and shall not repeat collection or multiple collection。可以通过共享方式获得政务数据的，不得通过其他方式重复采集。

Article 17 Government departments shall establish a government data resource pool of their own departments and collect government data resources of their departments and units under their jurisdiction in a timely manner。

Government departments shall, in accordance with the requirements of the government data resource catalog, promptly collect and update government data resources to the Jianghuai big Data center platform to achieve centralized storage of government data resources。除法律、法规另有规定外，政务部门不得拒绝归集数据。

Article 18 The competent department of data resources of the people's government of a province or a city divided into districts shall, in conjunction with relevant departments, establish a database of basic data such as population, legal person, electronic license, spatial geography, etc., and cooperate with relevant departments in establishing a thematic data database。

第十九条  政务部门承担所提供数据的质量责任。

Government departments shall strengthen the quality management of data collection and collection, organize the verification and confirmation of government data resources collected by the department, regularly organize the quality inspection of government data resources of the department, and timely discover and correct wrong data。

第四章  数据共享

Article 20 The term "data sharing" as mentioned in these Measures refers to the act of government departments using the government data of other government departments to perform their duties, or providing government data to other government departments to use according to the needs of other government departments to perform their duties。

第二十一条  各级人民政府应当推进政务数据资源依法有序共享，依法保护个人信息。

The competent data resource department of the people's government at or above the county level is specifically responsible for coordinating the data sharing work, establishing a data sharing mechanism in which the data user department provides the demand, the data provider department responds, and the competent data resource department overall manages and provides technical support。

政务部门应当按照共享为常态、不共享为例外的原则，及时共享政务数据。没有法律、行政法规或者党中央、国务院政策依据，不得拒绝其他部门提出的共享申请。

政务部门应当依据履行职责需要申请共享政务数据。申请共享的政务数据，应当明确共享政务数据的应用场景。应用共享的政务数据，应当遵守法律、法规和授权使用的方式、范围和期限。

Article 22 Government data sharing is divided into unconditional sharing, conditional sharing, no sharing and other types, and its sharing type is determined when compiling the government data resource catalog。

Unconditionally shared data that can be made available to all government departments;Data shared conditionally may be provided to relevant government departments for use in accordance with regulations;Data that is not shared should not be made available to other government departments。

Where the government affairs department lists the government affairs data as conditionally shared or not shared, it shall explain the reasons and provide the corresponding laws, administrative regulations or the policy basis of the Party Central Committee and The State Council。

Article 23 The data resource authorities of the provincial and districted municipal people's governments shall rely on the Jianghuai big data center platform and government cloud to build provincial and municipal data sharing and exchange platforms to achieve multi-level interconnection。

Government departments should share data with other departments through a unified sharing exchange platform, and gradually integrate the direct sharing channel between departments。

Article 24 Government departments shall, according to the government data resource catalog, sort out the government data resources that the department can share, and register, publish and update in a timely manner in the JAC big data center platform。

政务部门注册可以共享的政务数据资源时，应当提出申请共享政务数据所需的全部材料名录。

25th government departments according to the need to perform their duties to use shared government data, should submit data resource sharing applications through the JAC big data center platform。

It belongs to unconditional sharing, and the government departments can directly obtain it through the JAC big data center platform;Where sharing is conditional, other government departments shall reply within 7 working days from the date of receipt of the application。不予共享的，应当说明理由。

26th government departments and other organizations, individuals have doubts about the government data or found that there are errors, can be submitted to the data providing department or through the JAC big data center platform for review。

申请人向数据提供部门申请复核的，数据提供部门应当自收到复核申请之日起7个工作日内进行校核，并答复申请人；申请人向江淮大数据中心平台申请复核的，江淮大数据中心平台管理机构应当组织数据提供部门进行校核，数据提供部门应当自收到复核申请之日起7个工作日内进行校核，并答复申请人。If the review period needs to be extended, it shall be agreed by the data providing department or the head of the JAC big Data center platform management organization, and the extension period shall not exceed 7 working days。

During the data review period, natural persons, legal persons and unincorporated organizations apply for relevant approval or service matters, and have provided legal and effective certification materials, the accepting unit shall not refuse to review the data on the grounds of denial, evasion, and shall not require the applicant to go through the data correction procedures。

Article 27 Where different government departments provide inconsistent government data of the same category, relevant departments shall reach a consensus through consultation in a timely manner;If no consensus can be reached, the competent department of data resources of the people's government at the same level shall handle the matter in coordination with the relevant administrative departments。

第五章  数据应用与开放

Article 28 Government departments shall apply government data resources to improve decision-making, management and service capabilities, and promote the modernization of the national governance system and governance capacity。

29th people's governments above the county level data resources authorities should rely on the Jianghuai big data center platform and integrated online government service platform, build Anhui affairs communication platform, unified sharing of data, services, collaborative business, to provide data application, business application support and efficient and convenient government services。

The government departments should rely on the Anhui affairs communication platform to handle and approve government affairs, and promote the whole network, the whole province, and the cross-region。除国家另有规定外，政务部门未依托皖事通办平台申请新建政务信息系统的，不得批准建设。

30th provincial people's government data resources department should coordinate the construction of the province's unified Wanshitong mobile application brand, integration of various regions, various government departments independent government service mobile terminal, access to the Wanshitong mobile application platform。除国家另有规定外，政务部门不得新建政务服务移动端。

Article 31 Government departments shall promote the application of the "Internet + supervision" system, and promote full coverage of regulatory matters, full recording of regulatory processes, and sharing, analysis, and early warning of regulatory data。

Unless otherwise stipulated by the State, the supervision business system of the provincial government departments should be connected with the national "Internet + supervision" system to promote the interconnection of the supervision business system。

Article 32 Government departments shall use government data resources to promote certificate exemption and license exemption in application scenarios such as government services and supervision and law enforcement, and promote the use of Ankang code and other convenient application scenarios。

Article 33 The government departments shall adopt and approve reliable electronic signatures that conform to the provisions of the law, use the unified electronic seal system of the State for electronic signature, and use the electronic license system that conforms to the national standards and technical specifications to issue electronic licenses。

Article 34 People's governments at all levels shall, in accordance with the needs of economic and social development, promote the orderly opening of government data resources in accordance with the law, and include government data resources that are closely related to the people's livelihood, are urgently needed by the society, have significant industry value-added potential and are of great industrial strategic significance in the focus of opening up。

第三十五条  政务数据开放遵循合法有序的原则。Where laws, regulations, rules and state provisions can be opened, they shall be opened;Those not explicitly opened shall be opened in a safe and orderly manner;If it is forbidden to open, it shall not be opened。

In case of sudden natural disasters, accidents, public health events or social security events that cause or may cause serious social harm and directly affect the vital interests of the public, the people's government and relevant departments responsible for handling the emergencies shall open the relevant government data in a timely and accurate manner according to law and update it dynamically as needed。法律、法规另有规定的，从其规定。

Article 36 According to the open attribute, government data is divided into unconditional open category, conditional open category and non-open category, and its open attribute is determined when compiling the government data resource catalog。

可以提供给所有自然人、法人和非法人组织使用的政务数据，Included in the unconditional open category;Government data that can be partially provided or that needs to be provided to natural persons, legal persons and unincorporated organizations under certain conditions，列入有条件开放类；涉及国家秘密、商业秘密和个人隐私，以及法律、法规、规章规定不得开放的政务数据，列入非开放类。

Non-open government data that is de-encrypted and desensitized according to law or that the right holder agrees to open may be included in the category of unconditional or conditional openness。

Article 37 Natural persons, legal persons and unjuridical organizations are encouraged to make use of open government data resources to carry out scientific and technological research, consulting services, product development, data processing and other activities。

第六章  监督管理

Article 38 The data providing department shall, in accordance with the principle of who is in charge and who is responsible, who provides and who is responsible, be responsible for the security management of the data collection, collection, storage, provision, sharing, application and opening of the department。

The data use department is responsible for the security of the whole process of sharing data in accordance with the principles of who handles and is responsible, who uses and is responsible, who manages and who is responsible。

数据资源主管部门负责保障本级江淮大数据中心平台、政务云和电子政务外网安全运行。

39th data resources departments, government departments shall establish and improve the big data environment data classification and classification of security protection, data security risk assessment and other management systems，定期开展安全评测、风险评估；落实网络和数据安全管理机构和责任人，Strengthen the education, training and management of network and data managers;Take security protection measures such as data desensitization, data backup, encryption and authentication，防止政务数据资源丢失、毁损、泄露和篡改，保障政务数据资源安全。

Article 40 Internet and information departments, public security departments, communications management departments and other relevant departments shall, in accordance with their respective duties, do a good job in the protection of government data security, network security review and supervision and management, and ensure the security of government data。

Article 41 Data resource departments and government departments shall formulate emergency plans for government data security and regularly organize and carry out emergency drills。

When an incident endangering the security of government data occurs, emergency plans shall be immediately launched, remedial measures shall be taken to prevent the expansion of the incident, relevant records shall be kept, departments that may be affected shall be informed, and reports shall be made to the relevant competent authorities in accordance with regulations。

Article 42 The competent department of data resources shall assess and evaluate the data resource management work of the government departments at the same level and the people's governments at lower levels。

第七章  法律责任

第四十三条  政务部门、江淮大数据中心平台管理机构及其工作人员违反本办法规定，有下列行为之一的，由本级人民政府数据资源主管部门通知限期整改；逾期未改正的，上报本级人民政府，由本级人民政府责令限期改正；情节严重的，对直接负责的主管人员和其他直接责任人员依法给予处分：

（一）未按照规定建设政务数据资源、政务信息化项目的；

（二）未按照规定编制本部门政务数据资源目录的；

（三）未按照政务数据资源目录采集政务数据，或者重复采集、多头采集政务数据的；

（四）拒绝、推诿归集或者共享政务数据的；

（五）未按照规定更新或者复核政务数据的；

（六）违反规定要求自然人、法人和非法人组织提供可以从共享系统获取政务数据的；

（七）未按照规定开放政务数据资源的；

（八）未按照规定履行数据安全保护职责的。

Article 44 Government departments and their staff disclose, sell or illegally provide to others the trade secrets, personal information and privacy they have come to know in the course of performing their duties，或者在履行职责中玩忽职守、滥用职权、徇私舞弊，未构成犯罪的，依法给予处分；构成犯罪的，依法追究刑事责任。

第八章  附    则

Article 45 The data resources produced or obtained by other organs and units with financial fund security in the course of performing their duties of public administration and service shall be administered in reference to these Measures。

第四十六条  本办法自2021年3月1日起施行。