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Regulations on Big Data Development of Anhui Province (Announcement of the Standing Committee of the People's Congress of Anhui Province (No. 41))

The Regulations on the Development of Big Data in Anhui Province have been adopted at the 26th meeting of the Standing Committee of the 13th People's Congress of Anhui Province on March 26, 2021, and are hereby promulgated and shall come into force as of May 1, 2021。

 

                                                            

Standing Committee of Anhui Provincial People's Congress 

March 29, 2021




Anhui Province big data development regulations

 

The 13th People's Congress of Anhui Province on March 26, 2021

Adopted at the 26th Meeting of the Standing Committee)

 

目    录

 

Chapter I General rules

Chapter two Data resources

Chapter three development and application

Chapter IV Promotion measures

Chapter V Safety management

Chapter VI Legal liability

Chapter VII Supplementary Provisions

 

Chapter I General rules

 

Article 1 In order to give play to the role of data elements, develop digital economy, innovate social governance, ensure data security, build digital Jianghuai, and accelerate digital development, these Regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual conditions of this province。

Article 2 These Regulations shall apply to the development of big data and its related activities within the administrative areas of this province。

The term "big data" is used in these Regulations,It refers to the data set with large capacity, multiple types, fast access speed and high application value,It is the collection, storage and correlation analysis of data with huge quantity, dispersed sources and diverse formats,A new generation of information technology and service formats to discover new knowledge, create new value, and enhance new capabilities。

Article 3 The development of big data should fully implement the national big data strategy, adhere to the principles of overall planning, innovation, data empowerment, prosperity of business, connectivity, sharing and opening up, management according to law, and security。

Article 4 People's governments at or above the county level shall incorporate the development of big data into the national economic and social development plan, establish an overall coordination mechanism, formulate policies and measures to promote the development of big data, and solve major problems in the development of big data。

Article 5 The competent data resources department of the people's government at or above the county level shall be responsible for coordinating and promoting the development of big data。

The relevant departments of development and reform, economy and information technology of the people's governments at or above the county level shall be responsible for the work related to the development of big data in accordance with their respective responsibilities。

Article 6 People's governments at or above the county level shall implement the regional integrated development strategy of the Yangtze River Delta, promote the interconnection of digital infrastructure, promote the joint construction and sharing of the industrial Internet, promote the collaborative application of big data, and jointly build a high-quality digital Yangtze River Delta。

Article 7 Any organization or individual to carry out data collection, storage, processing, use, provision, sharing, opening, trading and other activities (hereinafter referred to as data activities),Laws and regulations shall be observed,Respect social morality,Keep state secrets,Protect personal information, privacy and trade secrets,Fulfill data security protection obligations,Assume social responsibility,It shall not endanger national security or public interests,The lawful rights and interests of others shall not be harmed。

 

Chapter two Data resources

 

Article 8 The competent departments of data resources of the people's governments at or above the county level shall coordinate, supervise and guide the management of data resources within their respective administrative areas, promote the collection of public data such as government data, and promote the integration, sharing and opening, effective flow and development and application of data resources。

Article 9 Public data shall be collected to the JAC big Data center platform in accordance with the national and provincial public data collection regulations to achieve the convergence and centralized storage of public data resources。

Tenth provincial people's government data resources department construction and operation management of Jianghuai big data center general platform;The management system of the general platform management organization of Jianghuai big Data Center can be specified by the provincial people's government in accordance with the requirements of the statutory institution construction pilot。

Provincial departments and units to build and operate the Jianghuai big data center sub-platform。

The data resources competent department of the people's government of the district shall coordinate the construction and operation of the Jianghuai big Data center sub-platform in the counties, cities and districts under their jurisdiction。

Article 11 The data resource authorities of the provincial and district municipal people's governments shall rely on the general platform or sub-platform of the Jianghuai big Data center to coordinate the construction of the public data sharing exchange platform and open platform in the administrative region。

People's governments at all levels and relevant departments and units shall, in accordance with relevant national and provincial regulations, orderly share open public data through public data sharing and exchange platforms and open platforms。

Article 12 The government information system invested by the government shall achieve interconnection, data sharing and business coordination, except as otherwise provided by laws, regulations and national policies。

Article 13 The provincial people's government shall, according to actual needs, formulate specific administrative measures for public data collection, collection, storage, sharing, opening and application。

Article 14 People's governments at or above the county level and their relevant departments shall support non-public data collectors, holders, managers and users to share open and effective mobile data resources in accordance with the law, and encourage non-public data to converge to the Jianghuai big data center platform to give full play to the benefits of data resources。

We will encourage social forces to build open platforms for data sharing for small and medium-sized enterprises and other key sectors such as education, healthcare, transportation, energy, environment and finance, and promote the open sharing and effective flow of data resources。

 

Chapter three development and application

 

Article 15 People's governments at or above the county level and their relevant departments shall optimize the environment for the development and application of big data,We will promote digital industrialization and industrial digitization,Fostering digital industrial clusters,We will support market players in using big data to empower emerging and traditional industries,We will promote industrial transformation and upgrading, provide services to improve people's livelihood, and improve social governance。

Article 16 The provincial people's government shall support the construction of new infrastructure such as big data centers, cloud computing centers, supercomputing centers, disaster recovery centers, and industrial Internet in light of the actual situation。

The people's governments of provinces and cities divided into districts shall promote the construction of big data industry development cluster areas, digital economy innovation and development pilot areas, online economic innovation and development pilot areas, and the construction of big data key laboratories and other technological innovation platforms。

Article 17 People's governments at or above the county level and their relevant departments shall promote the integration of big data and manufacturing, support cross-border joint efforts of manufacturing enterprises, Internet enterprises and information technology service enterprises, build data-driven smart workshops and smart factories, and enhance the digital, networked and intelligent level of manufacturing。

Article 18 People's governments at or above the county level and their relevant departments shall promote the wide application of big data in the service industry,We will support the development of next-generation information technology industries such as cloud computing, mobile Internet, Internet of Things, artificial intelligence and blockchain,Encourage the development of e-commerce, sharing economy, platform economy, online finance, online entertainment, smart logistics, smart tourism, smart medical care, smart elderly care, smart education and other modern service industries。

Article 19 People's governments at or above the county level and their relevant departments shall establish a system for collecting, calculating, applying and serving agricultural and rural data,Promote the sharing and opening of agriculture-related data resources,We will accelerate research, development and demonstration of key agricultural big data technologies,We will promote the development of smart agriculture,We will improve the price formation mechanism for agricultural products,We will ensure the quality and safety of agricultural products,We will improve the rural ecological environment,Use big data to accelerate the modernization of agriculture and rural areas,Promote rural revitalization。

Article 20 People's governments at or above the county level and their relevant departments shall optimize the basic database of economic governance, strengthen the capacity of economic monitoring, forecasting and early warning, establish a major risk identification and early warning mechanism, and enhance the ability to use big data and other modern technological means to assist governance。

Article 21 People's governments at or above the county level and their departments shall promote the use of the Internet, big data, artificial intelligence, blockchain and other technical means for administrative management, promote collaborative work, and improve the system of restriction, supervision and evaluation of the operation of administrative power。

People's governments at all levels and relevant departments shall rely on the Anhui Affairs General Office platform in accordance with relevant provisions,We will promote the implementation of all government services through the Internet,Develop big data application scenarios,We will promote cross-regional, cross-departmental, and cross-level data sharing and business coordination in government services,We will promote the reform of regulatory services,Improve the business environment,We will improve the standardization, facilitation and wisdom of government services。

Article 22 People's governments at or above the county level and their relevant departments shall use the "Internet + supervision" system to gather, integrate and correlate data resources in the field of regulatory law enforcement and market, support post-event supervision and services, and improve the efficiency of supervision and services。

Article 23 The people's governments of provinces and cities divided into districts shall apply big data to empower urban governance, coordinate the construction of urban brains, improve the level of intelligent perception, data processing, analysis and judgment, collaborative command and scientific governance, and promote the digitalization, intelligence and wisdom of urban management and services。

Article 24 People's governments at or above the county level and their relevant departments shall follow the principle of optimizing traditional services and innovating digital services in parallel,Formulate and improve service guarantee measures for the elderly and other groups with difficulties in using intelligent technology in travel, medical treatment, consumption, entertainment, and affairs,To ensure and improve the basic service needs and service experience of groups with difficulties in using intelligent technologies。

Article 25 Enterprises, institutions of higher learning, scientific research institutions and other organizations and individuals are encouraged to engage in the research and development of big data technology, the development of software and hardware products, the use of big data to develop new industries, new forms of business, new models, and give full play to the economic value and social benefits of data resources。

Article 26 Where the various types of data obtained according to law cannot be identified by specific individuals and cannot be recovered after processing, or are explicitly authorized by specific data providers, they may be traded, exchanged or exploited in other ways。

Data transactions shall follow the principles of voluntariness, fairness and good faith。

 

Chapter IV Promotion measures

 

Article 27 People's governments at or above the county level and their relevant departments shall strengthen policy guidance, support and guarantee, and promote the development of new technologies, new industries, new business forms and new models in the field of big data in accordance with the requirements of inclusive and prudent supervision。

Article 28 The people's government at or above the county level and its relevant departments shall focus on the key links of the big data industry chain such as R&D, design, terminal manufacturing, platform construction, and application services, and take promotion measures to cultivate small and medium-sized big data enterprises, introduce leading backbone enterprises, and promote the development of the big data industry。

Article 29 The provincial people's government shall coordinate financial funds,We will integrate special funds for IT application and e-government,Set up special funds for provincial big data centers,It is used to build big data centers and support the development and application of big data,Support big data core key technology research, industrial chain construction, major application demonstration and public service platform construction。

The people's governments of the cities and counties divided into districts shall, according to their needs, arrange corresponding big data development and application support funds。

Article 30 Big data enterprises that meet the preferential tax policies of the State shall enjoy preferential policies in accordance with regulations。

Eligible big data enterprises enjoy policies such as digital economy awards and subsidies in accordance with regulations。

Article 31 Encourage financial institutions to strengthen and improve financial services and support the development and application of big data。

Encourage and support qualified big data enterprises to enter the capital market for financing in accordance with the law。

Encourage the establishment of venture capital funds to invest in the big data industry, and guide social capital to invest in the development and application of big data。

Article 32 People's governments at or above the county level and their relevant departments shall include qualified big data technology research and development projects in relevant science and technology plans and give corresponding support。

Article 33 People's governments at or above the county level and their relevant departments shall strengthen the training of big data talents in the key areas of big data development and application in their respective administrative areas, improve the mechanism of talent introduction, cultivation, evaluation and incentive, and create conditions for big data talents to carry out scientific research, entrepreneurship and innovation activities。

Encourage higher education institutions, vocational colleges and enterprises to cooperate, deepen the integration of industry and education, strengthen the practical training of talents, and cultivate big data professionals and cross-border composite talents。

Article 34 The people's governments of provinces and cities divided into districts shall, according to the needs of territorial spatial planning and big data development and application, safeguard the construction land for big data development and application projects according to law。For the construction land of new big data development and application projects, priority will be given to the new construction land plan in the year。

Article 35 Support big data centers, cloud computing centers, supercomputing centers, disaster recovery centers and other units and big data enterprises to participate in direct electricity transactions to reduce electricity costs。

Eligible big data centers, cloud computing centers, supercomputing centers, disaster recovery centers, etc., enjoy preferential electricity price policies in accordance with national and provincial regulations。

Article 36 The provincial people's government shall promote the construction of a new generation of information infrastructure,Encourage and support network communication operators to optimize the layout of network communication infrastructure in the province,We will accelerate the construction, upgrading and upgrading of backbone transmission networks, wireless broadband networks and the new generation of mobile Internet,We will improve broadband and mobile Internet coverage and access in urban and rural areas。

Article 37 The competent department of data resources of the provincial people's government shall, together with relevant departments, organize and carry out research on relevant standards for the development and application of big data, and promote the establishment of a local standard system for the development and application of big data。

Support big data enterprises to formulate enterprise standards, and support relevant social groups to coordinate the formulation of group standards;Encourage big data enterprises, institutions of higher learning, scientific research institutions, and relevant industry organizations to participate in the research and development of international, national, industry and local standards。

38th provincial people's government data resources departments shall, together with relevant departments, coordinate the establishment of big data trading service institutions, build data element trading platforms, establish data property rights trading mechanisms, and promote the establishment of industry self-discipline mechanisms。

People's governments at or above the county level shall establish and improve policies and measures for cultivating data factor markets, speed up the cultivation and development of data factor markets, improve allocation efficiency, and promote the effective circulation of data resources。

Encourage data element trading platforms to cooperate with various financial institutions and intermediaries to form a comprehensive service system including ownership definition, price assessment, circulation transactions, guarantee, insurance and other businesses。

39th big data trading service institutions shall establish a safe and trustworthy, controllable management, fully traceable data trading environment, formulate data trading, information disclosure, self-discipline management and other rules, according to law to protect personal information, privacy and business secrets。

Encourage and guide data trading parties to conduct data trading in big data trading service institutions established in accordance with the law。


Chapter V Safety management

 

Article 40 The data security responsibility system shall be implemented to ensure the security of the whole life cycle of data。

The responsibility for data security is determined according to the principles of who owns who is responsible, who holds who is responsible, who manages who is responsible, who uses who is responsible, and who collects who is responsible。

Data based on replication, circulation, exchange, etc., there are multiple security responsible persons, respectively bear their own security responsibilities。

Article 41 People's governments at all levels and relevant departments shall raise awareness of data security, clarify data security responsibilities in accordance with the requirements of the national data security risk assessment, reporting, information sharing, monitoring and early warning mechanism, and strengthen data security publicity and education for employees and the public。

Article 42 Internet and information technology departments, public security departments, communications management departments and other relevant departments shall, within the scope of their respective duties, implement the national data security review system, establish and improve the data security protection system, and strengthen data security protection and supervision and management。

Article 43 People's governments at all levels and relevant departments shall comply with the provisions of laws and regulations and the mandatory requirements of national standards,Establish and improve the whole process data security management system,Clarify the scope boundaries, responsibility subjects and specific requirements for ensuring data security in data collection, transmission, storage, use, sharing and opening,Take corresponding technical measures,Ensure data security。

Article 44 Units conducting data activities shall perform the following security protection obligations:

(1) Establishing and improving data security protection management systems;

(2) Formulate data security emergency plans, and regularly carry out security evaluation, risk assessment and emergency drills;

(C) to take security protection technical measures to prevent data loss, damage, disclosure and tampering, to ensure data security;

(d) in the event of a major data security incident, immediately launch an emergency plan, take remedial measures in a timely manner, inform users who may be affected, and report to the relevant competent authorities in accordance with regulations;

(5) Other security protection obligations stipulated by laws and regulations。

The programs, software, systems and platforms that generate and use data shall, in the development stage, be tested for safe and controllable repair methods to ensure the safety of data。

Article 45 To carry out data activities involving personal information,Laws and regulations shall be observed,Follow the principles of legality, legitimacy and necessity,You may not steal or illegally obtain personal information in any other way,They shall not disclose or tamper with the personal information they collect,Do not handle excessively;Without the consent of the collector,Do not illegally provide their personal information to others,但是,Except where a specific individual cannot be identified after processing and cannot be restored。

Data collectors, holders, managers and users shall take technical measures and other necessary measures,Ensure the security of personal information collected and stored,Prevent information and data leakage, tampering, loss;Leakage, alteration or loss of personal information data occurred or may occur,Remedial measures should be taken in time,Inform the natural person in accordance with the regulations and report to the relevant authorities。


Chapter VI Legal liability

 

Article 46 Where the relevant departments of the people's governments at or above the county level and their staff members violate the provisions of these Regulations and commit any of the following acts, they shall be punished by the competent authorities according to law:

(1) Failure to collect data to the JAC big Data center platform in accordance with regulations;

(2) failing to share open public data in accordance with regulations;

(3) failing to realize interconnection, data sharing and business coordination of government information systems in accordance with regulations;

(4) leaking or tampering with data;

(5) failing to perform data security protection duties according to law;

(6) other abuses of power, dereliction of duty, favoritism and malpractice。

Article 47 Where laws or administrative regulations already provide for punishment for acts violating the provisions of these Regulations, such provisions shall be enforced;If the case constitutes a crime, criminal responsibility shall be investigated according to law。

 

Chapter VII Supplementary Provisions

 

Article 48 The term "public data" as mentioned in these Regulations,It refers to the people's governments at various levels and relevant departments,Organizations authorized by laws and regulations to perform the functions of public affairs management,Government data prepared or obtained by other organs and units with financial funds for the purpose of performing their duties,And public data produced or collected by public enterprises and institutions in the fields of education, health, water supply, power supply, gas supply, heat supply, environmental protection, and public transportation, which are closely related to the interests of the people。

The JAC Datu Data Center platform referred to in these Regulations is composed of the general platform, sub-platform and sub-platform of JAC big Data Center。

The "Anhui affairs general Office platform" mentioned in these Regulations refers to a unified service platform that provides full coverage, non-discrimination, high-quality government affairs and other services to the society on the basis of the provincial online integrated government affairs service platform, by expanding the service scope, increasing the service channels, and improving the coordination ability。

The term "big data enterprises" as mentioned in these Regulations refers to enterprises that carry out big data activities and related technical services。

Article 49 These Regulations shall come into force as of May 1, 2021。