CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters necessary for promoting data-based administration so as to increase the accountability, responsiveness, and reliability of public institutions and to improve citizens’ quality of life through objective and scientific administration.
The definitions of the terms used in this Act are as follows:
| 1. | The term “data” means structured or unstructured information in a machine-readable form that is created or processed through a device capable of processing information; |
| 2. | The term “data-based administration” means administration that is conducted objectively and scientifically by utilizing data created by a public institution or acquired from another public institution, corporation, organization, etc. for policy formulation and decision-making in a manner that collects, stores, processes, analyzes and visualizes them (hereinafter referred to as “analysis, etc.”); |
| 3. | The term “public institution” means any of the central administrative agencies (including agencies under the Presidential Office and agencies under the Prime Minister’s Office; hereinafter the same shall apply) and their affiliated institutions, local governments, and the following entities: |
| (c) | Other corporations, institutions and organizations prescribed by Presidential Decree. |
| Article 3 (Responsibilities of the State) |
| (1) | The State and local governments shall formulate policies to promote data-based administration, and take administrative, technical and financial measures necessary for the implementation thereof. |
| (2) | The State and local governments shall improve the system and conduct the research and development of technology for effective data-based administration. |
| (3) | Public institutions shall endeavor to keep data up-to-date, accurate, and interconnected. |
| (4) | Public institutions shall actively provide, link and share data, and endeavor to maximize utilization of the outcome. |
| (5) | Public institutions shall consider, among other things, the protection of personal information in conducting data-based administration, and take measures necessary therefor. |
| Article 4 (Relationship to Other Statutes) |
| (1) | Data-based administration shall be governed by this Act, except as otherwise provided in any other statute. |
CHAPTER II IMPLEMENTATION SYSTEM
| Article 5 (Data-Based Administration Promotion Committee) |
| (1) | A Data-Based Administration Promotion Committee (hereinafter referred to as the “Committee”) shall be established under the jurisdiction of the Minister of the Interior and Safety to deliberate on and coordinate the following matters concerning data-based administration: |
| 1. | Improving policies, systems, and statutes and regulations related to data-based administration; |
| 2. | Formulation and modification of a master plan for promoting data-based administration pursuant to Article 6; |
| 3. | Mediation concerning refusal to provide data pursuant to Article 13; |
| 4. | Matters requiring data analysis, etc. pursuant to Article 20 (2) 1 and 4; |
| 5. | Other matters deemed necessary by the chairperson of the Committee regarding data-based administration. |
| (2) | The Committee shall be comprised of not more than 30 members including one chairperson. |
| (3) | Members shall be commissioned by the Minister of the Interior and Safety from among the following persons, and the chairperson shall be designated by the Minister of the Interior and Safety from among the members commissioned pursuant to subparagraphs 2 through 6: |
| 1. | An affiliated public official with extensive expertise and experience, or an affiliated executive officer or employee engaged in related work, such as data analysis, who is recommended by the head of a public institution prescribed by Presidential Decree; |
| 2. | A person who worked or has been working as an associate professor or higher at a university, or at a data analysis-related research institute for at least five years; |
| 3. | A person who worked or has been working as an executive officer or employee for at least five years in the data analysis-related industry; |
| 4. | A person who worked or has been working for at least five years in a data analysis-related organization; |
| 5. | A person who has at least five years of experience as a judge, prosecutor or attorney-at-law; |
| 6. | Any other person recognized by the Minister of the Interior and Safety as having expertise in the field of data analysis, etc. |
| (4) | The term of office of a member commissioned pursuant to paragraph (3) 2 through 6 shall be two years and may be renewable only once: Provided, That the term of office of a member newly commissioned due to resignation, etc. shall be the remainder of his or her predecessor’s term. |
| (5) | If necessary to deliberate on the matters under the subparagraphs of paragraph (1), the Committee may hear opinions from the public officials, executive officers and employees of a related public institution or from those who have extensive expertise in data-based administration, and require a related institution or organization to submit materials. |
| (6) | The Minister of the Interior and Safety may recommend necessary measures to the head of a public institution according to the results of the Committee’s deliberation on the matters referred to in the subparagraphs of paragraph (1). In such cases, the head of the public institution so recommended shall comply therewith, unless there is a compelling reason not to do so. |
| (7) | The Committee may have a subcommittee to efficiently perform its work. |
| (8) | Other matters necessary for the organization and operation of the Committee and its subcommittees shall be prescribed by Presidential Decree. |
| Article 6 (Master Plan for Promoting Data-Based Administration) |
| (1) | The Minister of the Interior and Safety shall formulate a master plan for promoting data-based administration (hereinafter referred to as “master plan”), every three years, in order to systematically implement data-based administration. |
| (2) | When formulating a master plan, the Minister of the Interior and Safety shall consult with the heads of relevant central administrative agencies and finalize it after deliberation by the Committee. The same shall also apply to any modifications in important matters prescribed by Presidential Decree in the master plan. |
| (3) | The master plan shall include the following: |
| 1. | Basic goals and mid- to long-term development directions for the promotion of data-based administration; |
| 2. | Improvement of statutes and regulations and systems for the promotion of data-based administration; |
| 3. | Measures to promote data-based administration by key field; |
| 4. | Building a system necessary for the linkage, provision and sharing of data; |
| 5. | Training professionals necessary for the linkage, provision and sharing of data; |
| 6. | Investment and fund-raising plans necessary for promoting data-based administration; |
| 7. | Other matters necessary to promote data-based administration. |
| (4) | The Minister of the Interior and Safety may determine guidelines for preparing sector plans after deliberation by the Committee and notify related institutions thereof, and may request the heads of public institutions to submit related materials if necessary for preparing a master plan. |
| (5) | Other matters necessary for formulating and implementing a master plan shall be prescribed by Presidential Decree. |
| Article 7 (Implementation Plan for Promoting Data-Based Administration) |
| (1) | The head of a central administrative agency and the head of a local government shall formulate an annual implementation plan for promoting data-based administration (hereinafter referred to as “implementation plan”) according to the master plan, and submit it to the Minister of the Interior and Safety, as prescribed by Presidential Decree. |
| (2) | If, as a result of checking the implementation plan submitted, the Minister of the Interior and Safety deems that a policy or project related to data-based administration implemented by the head of the central administrative agency or the head of the local government concerned is likely to interfere with the implementation of a policy or project by any other institution, he or she may request the head of the central administrative agency or the head of the local government to adjust the implementation plan. |
| (3) | The implementation plan shall include the following: |
| 1. | Evaluation of achievements related to promotion of data-based administration in the immediately preceding year; |
| 2. | Plans for promoting data-based administration in the relevant year to implement the master plan; |
| 3. | Plans for managing data-based administration related budget, and plans for training professionals; |
| 4. | Plans for building a data management system under Article 16; |
| 5. | Plans for data linkage and cooperation with other public institutions; |
| 6. | Other matters necessary to promote data-based administration. |
| (4) | Other matters necessary for formulating and implementing implementation plans shall be prescribed by Presidential Decree. |
CHAPTER III DATA REGISTRATION AND PROVISION PROCEDURES
| Article 8 (Registration of Data) |
| (1) | The head of a public institution may register data (excluding data falling under the subparagraphs of Article 11 (1)) that are deemed to require sharing in relation to the following fields, on the integrated data management platform under Article 18 (hereinafter referred to as “integrated data management platform”): |
| 1. | Fields in which it is necessary to promptly and accurately collect public opinion to formulate major policies or to solve economic and social problems; |
| 2. | Fields requiring specialized measures or customized services through comparison and analysis of specific classes, regions, and fields; |
| 3. | Fields in which it is necessary to provide methods to predict and remove hazards, such as accidents and diseases, and their causes; |
| 4. | Fields that need to preemptively respond to future demands that are diverse politically, economically, socially and culturally; |
| 5. | Fields that need to increase the economic effects and efficiency of administrative work through cost reduction or improvement of processing procedures. |
| (2) | The Minister of the Interior and Safety may register open Internet data on the integrated data management platform to facilitate the sharing of data. |
| (3) | The Minister of the Interior and Safety may request a public institution to register data after investigating the data that need to be shared by various institutions. In such cases, the head of the public institution shall comply with such request, unless there is a compelling reason not to do so. |
| (4) | Matters necessary for the standards, procedures and methods for data investigation and requests for data registration under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 9 (Collection and Use of Registered Data) |
| (1) | The head of a public institution may collect and use the data registered pursuant to Article 8 through the integrated data management platform. |
| (2) | Matters necessary for the methods for collection and procedures for use of data under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 10 (Requests for Data Provision) |
| (1) | Where the head of a public institution intends to receive data that are not subject to registration under Article 8, he or she may request the head of the public institution in charge of such data to provide them. |
| (2) | A request for data provision under paragraph (1) shall be made in the form of a document (including electronic documents) specifying the purpose of use, the method of analysis, and the period of use of data. |
| (3) | Matters necessary for methods, etc. for requesting data provision under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 11 (Scope of Data to Be Provided) |
| (1) | The head of a public institution shall provide the data whose provision is requested pursuant to Article 10 (1) if the data are created or acquired and managed by the public institution: Provided, That he or she may choose not to provide data in any of the following cases: |
| 1. | Where the data are classified as confidential by another statute or by an order (limited to Presidential Decrees and municipal ordinances) mandated by another statute; |
| 2. | Where the data are related to the guarantee of national security or the national defense, unification of the two Koreas, diplomatic relations, etc. and deemed likely to significantly harm the material national interest if provided; |
| 3. | Where the use of data for other than the proper purpose thereof is restricted or prohibited under other statutes and regulations. |
| (2) | Notwithstanding paragraph (1), if the contents of data falling under the subparagraphs of paragraph (1) are technically separable, the head of the relevant public institution shall exclude such portion when providing its data. |
| Article 12 (Determination of Whether to Provide Data) |
| (1) | Upon receipt of a request for provision of data under Article 10 (1), the head of the public institution shall examine whether the data fall under any of the subparagraphs of Article 11 (1), and determine whether to provide such data. |
| (2) | If the head of a public institution determines to provide data, he or she shall promptly provide the data to the head of the public institution that requested them, and if he or she determines not to provide data, he or she shall promptly notify the head of the public institution that requested the data of the details of and grounds for such decision. |
| (3) | Where the head of a public institution provides data pursuant to paragraph (2), he or she may require the public institution that requested the data to bear all or some of the expenses incurred by his or her institution in providing the data. |
| (4) | Matters necessary for the details, scope, etc. of expenses to be borne under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 13 (Mediation concerning Refusal to Provide Data) |
| (1) | The head of a public institution that is notified of a decision to refuse the provision of data pursuant to Article 12 (2) may request the Committee to mediate between the public institutions concerning the refusal to provide data. |
| (2) | The Minister of the Interior and Safety shall promptly notify the head of the relevant public institution in writing of the results of mediation by the Committee, and the head of the public institution so notified shall implement the results of mediation, unless there is a compelling reason not to do so. |
| (3) | Matters necessary for mediation procedures for refusal to provide data under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 14 (Request for Provision of Private Data) |
| (1) | If necessary to promote data-based administration, the head of a public institution may request a corporation, organization or individual (hereinafter referred to as “private corporation, etc.”) to provide data created or acquired and managed by the private corporation, etc. through a contract purchase, business agreement, etc. |
| (2) | The Minister of the Interior and Safety shall take necessary measures for a private corporation, etc. to participate in data-based administration through the provision, linkage, or sharing of data. In such cases, the Minister of the Interior and Safety may make a business agreement, etc. with the private corporation, etc. on behalf of other public institutions. |
| (3) | Matters necessary for the details of and procedures for business agreements under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 15 (Management of Data Provided) |
| (1) | A public institution in receipt of data shall not use the data for other than the purpose of provision nor provide them to a third party. |
| (2) | A public institution in receipt of data shall promptly destroy the data when they become unnecessary owing to the expiry of the retention period, the attainment of the purpose of use thereof, etc., and shall take necessary measures to prevent recovery and revival when destroying them. |
| (3) | A public institution in receipt of data shall take technical, administrative and physical measures necessary to secure safety, such as formulating an internal management plan, to prevent the data from being forged, altered, damaged, or disclosed. |
CHAPTER IV BUILDING FOUNDATION FOR DATA-BASED ADMINISTRATION
| Article 16 (Building Data Management System) |
| (1) | The head of a public institution shall systematically manage metadata (referring to data expressing the structure, attribute, characteristics, history, etc. of data for the systematic management and the convenient search and use of data; hereinafter the same shall apply) and data relationship diagrams (referring to diagrams showing the relationship between data; hereinafter the same shall apply) for data created or acquired and managed by the public institution. |
| (2) | The Minister of the Interior and Safety may conduct the integrated and interconnected management of public institutions’ metadata and data relationship diagrams in order to systematically manage data. In such cases, the Minister of the Interior and Safety shall establish and operate a data management system in a manner that synthesizes metadata and data relationship diagrams by institution. |
| (3) | Matters necessary for establishment and operation of the data management system under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 17 (Standardization of Data-Based Administration) |
| (1) | In order to promote data-based administration, the Minister of the Interior and Safety shall establish and implement standards for the following matters in consultation with the heads of relevant central administrative agencies: Provided, That this shall not apply where matters related to data-based administration are established by the Korean Industrial Standards under the Industrial Standardization Act: |
| 1. | Procedures and methods for data analysis, etc.; |
| 2. | Methods for metadata management; |
| 3. | Other matters necessary to promote data-based administration. |
| (2) | The Minister of the Interior and Safety may promote the following work to standardize data-based administration: |
| 1. | Investigation, research and development of domestic and international standards related to data-based administration; |
| 2. | Maintaining and strengthening the cooperation system with international organizations or institutions for standardization related to data-based administration standards; |
| 3. | Other matters necessary for standardizing data-based administration. |
| (3) | Matters necessary for methods, etc. for standardizing data-based administration under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 18 (Integrated Data Management Platform) |
| (1) | The Minister of the Interior and Safety shall establish and operate an integrated data management platform including the following matters so that public institutions can efficiently provide, link, and share data: |
| 1. | Systematic collection of data and metadata; |
| 2. | Data exploration based on related data, such as data relationship diagrams; |
| 3. | Storage system by data type; |
| 4. | Policy formulation and decision-making support and history management through data analysis; |
| 5. | Linkage and sharing of data collected and managed through an electronic system; |
| 6. | Other matters necessary for providing, linking and sharing data. |
| (2) | The Minister of the Interior and Safety may interlink or integrate data management systems established and operated by individual public institutions to ensure the efficient operation of the integrated data management platform under paragraph (1). In such cases, he or she shall consult in advance with the heads of the relevant public institutions. |
| (3) | Other matters necessary for establishing and operating the integrated data management platform shall be prescribed by Presidential Decree. |
| Article 19 (Data-Based Administration Officers) |
| (1) | The head of a public institution shall appoint an officer who exercises general control over the work of promoting the institution’s data-based administration (hereinafter referred to as “data-based administration officer”). |
| (2) | The data-based administration officer shall take charge of the following duties in relation to the institution’s work: |
| 1. | Overall coordination of and support for policies to promote data-based administration; |
| 2. | General work management and support for the linkage, provision and sharing of data related to data-based administration; |
| 3. | General work management and support for establishing a data management system pursuant to Article 16; |
| 4. | Other work related to data-based administration. |
| Article 20 (Data Analysis Center) |
| (1) | The head of a public institution may establish and operate a data analysis center to promote policy formulation and decision-making through analysis, etc. of data necessary for conducting data-based administration. |
| (2) | The Minister of the Interior and Safety may establish and operate an Integrated Government Data Analysis Center (hereinafter referred to as the “Integrated Analysis Center”) to support policy formulation and decision-making through analysis, etc. of data concerning any of the following: |
| 1. | Matters recognized by the Committee as necessary to analyze data at the national level to resolve major issues across multiple institutions and to conduct national agenda; |
| 2. | Support-related matters requested from the Integrated Analysis Center for cooperation in data analysis, etc. between public institutions; |
| 3. | Support-related matters that a public institution requests from the Integrated Analysis Center to analyze data under its control; |
| 4. | Other matters recognized by the Committee as necessary to analyze data in policy formulation and decision making. |
| (3) | If any of the subparagraphs of paragraph (2) applies, the Minister of the Interior and Safety may request the relevant public institution to provide data (excluding data falling under any of the subparagraphs of Article 11 (1)) under its control, and the head of the public institution shall comply with such request, unless there is a compelling reason not to do so. |
| (4) | The head of the public institution that has provided the data under its control to the Minister of the Interior and Safety pursuant to paragraph (3) may dispatch related public officials or executive officers and employees or jointly participate in data analysis, etc., as prescribed by Presidential Decree. |
| (5) | The Minister of the Interior and Safety shall notify the head of the relevant public institution of the results of data analysis, etc. conducted by the Integrated Analysis Center, and the head of the public institution so notified shall endeavor to reflect the results of the data analysis, etc. in its policies. |
| (6) | The head of a public institution and the Minister of the Interior and Safety shall endeavor to assign data-related professionals in the data analysis center and the Integrated Analysis Center to conduct data analysis, etc. in a systematic and specialized way. |
| (7) | The head of a public institution and the Minister of the Interior and Safety shall take necessary measures to secure the safety of data and data analysis results collected or stored in the data analysis center and the Integrated Analysis Center. |
| (8) | Other matters necessary for establishing and operating the data analysis centers and the Integrated Analysis Center shall be prescribed by Presidential Decree. |
| Article 21 (Specialized Agencies for Data-Based Administration) |
| (1) | The Minister of the Interior and Safety may designate an agency specializing in data-based administration (hereinafter referred to as “specialized agency”) in consultation with the Minister of Science and ICT in order to efficiently perform work related to data-based administration. |
| (2) | A specialized agency shall perform the following work: |
| 1. | Surveys of and research on policies, systems and technologies to promote data-based administration; |
| 2. | Surveys and analysis of statistics on promotion of data-based administration; |
| 3. | Support for data analysis, etc. to promote data-based administration; |
| 4. | Business support for registering, providing and managing data under Articles 8 through 15; |
| 5. | Business support for building a data management system under Article 16; |
| 6. | Other matters deemed necessary by the Minister of the Interior and Safety to support the promotion of data-based administration. |
| (3) | If a specialized agency falls under any of the following subparagraphs, the Minister of the Interior and Safety may revoke the designation thereof or order it to suspend all or part of its work for a fixed period not exceeding six months: Provided, That when it falls under subparagraph 1, the designation shall be revoked: |
| 1. | Where it has obtained designation by fraud or other improper means; |
| 2. | Where it ceases to meet any of the designation requirements; |
| 3. | Where it has unconscientiously performed its work either by intention or gross negligence, and is deemed incapable of duly performing its work. |
| (4) | Where the Minister of the Interior and Safety revokes designation pursuant to paragraph (3), he or she shall hold a hearing. |
| (5) | The Minister of the Interior and Safety may, within the budgetary limits, reimburse all or some of the expenses incurred by a specialized agency in performing the work pursuant to paragraph (2). |
| (6) | Other matters necessary for the requirements, methods and procedures for designation of specialized agencies shall be prescribed by Presidential Decree. |
| Article 22 (Inspection and Evaluation of Actual Conditions of Data-Based Administration) |
| (1) | The head of a public institution shall make a self-inspection of the actual conditions of data-based administration, such as the current status of data-based administration and the performance of data linkage, provision and sharing, as prescribed by Presidential Decree, and submit the results to the Minister of the Interior and Safety. |
| (2) | The Minister of the Interior and Safety shall synthesize the inspection results pursuant to paragraph (1) and disclose them after deliberation by the Committee. |
| (3) | The Minister of the Interior and Safety may award a commendation and a monetary prize to a public institution, department, public official, employee, etc. that show excellent results in the inspection under paragraph (1), as prescribed by Presidential Decree. |
| Article 23 (Discovery and Dissemination of Best Practices for Data-Based Administration) |
| (1) | The Government may discover, award a prize for, and publicize best practices for data-based administration, and shall endeavor to disseminate and spread best practices. |
| (2) | Matters necessary for the methods and procedures for discovering best practices for data-based administration pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| Article 24 (Training of Data-Related Professionals) |
| (1) | The Minister of the Interior and Safety and the Minister of Science and ICT may formulate the following policies necessary to train data-related professionals: |
| 1. | Identifying the status of demand for professionals and formulating an outlook for mid- to long-term supply and demand; |
| 2. | Supporting the development and dissemination of educational and training programs to cultivate professionals; |
| 3. | Supporting the establishment of job standards and qualification systems related to data utilization; |
| 4. | Supporting job creation for professionals; |
| 5. | Other matters necessary for training professionals. |
| (2) | The Minister of the Interior and Safety and the Minister of Science and ICT may cooperate with related research institutes or private organizations if necessary to efficiently utilize data-related professionals. |
| (3) | Other matters necessary for training data-related professionals shall be prescribed by Presidential Decree. |
| Article 25 (Cooperation with Private Sector and Foreign Countries) |
A public institution may promote the following matters for cooperation with the private sector and a foreign country regarding the promotion of data-based administration:
| 1. | Supporting the exchange of technologies and personnel related to data-based administration; |
| 2. | Conducting surveys of and research on specialized technologies related to data-based administration; |
| 3. | Promoting joint projects and building cooperation systems related to data-based administration; |
| 4. | Other matters necessary to promote data-based administration. |
ADDENDA <Act No. 17370, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Special Cases concerning Timing for Formulating Initial Master Plan)
The Minister of the Interior and Safety shall formulate and implement a master plan within three months after this Act enters into force, notwithstanding Article 6. In such cases, the period covered by the initial master plan to be formulated is from the year whereto the enforcement date of this Act belongs until three years thereafter. Article 3 Omitted.