Order
of the State Council of the People's Republic of China
(No. 809)
The Regulation on Government Data Sharing, as adopted at the 59th executive
meeting of the State Council on May 9, 2025, is hereby issued and shall take
effect on August 1, 2025.
Li Qiang, Premier
May 28, 2025
Regulation on Government Data Sharing
Chapter I General Provisions
Article
1 This Regulation is
formulated in accordance with the Cybersecurity Law of the People's Republic of
China, the Data Security Law of the People's Republic of China, the Personal
Information Protection Law of the People's Republic of China, and other laws to
promote the safe, orderly, and efficient sharing and use of government data,
enhance the government's digital governance capabilities and government service
efficiency, and comprehensively build a digital government.
Article
2 This Regulation applies to
the sharing of government data between government departments and organizations
with functions of administering public affairs as authorized by the laws and
regulations (collectively, "government departments"), as well as
security, supervision, management, and other related work.
Article
3 In this Regulation,
"government data" means all types of data collected and generated by
government departments in the course of performing their duties in accordance
with the law, other than data that is a state or work secret.
In this Regulation, "government data sharing" means the act that a
government department uses the government data of another government department
or provides government data to another government department as needed to
perform its duties in accordance with the law.
Article
4 Government data sharing
shall be led by the Communist Party of China, implement a holistic approach to
national security, coordinate development and security, and follow the
principles of overall coordination, unified standards, sharing in accordance with
the law, reasonable use, and safety and controllability.
Article
5 Government data sharing
shall comply with laws and regulations and the obligation to secure government
data and shall neither endanger national security or the public interest nor
infringe upon the lawful rights and interests of a citizen, legal person, or
any other organization.
Article
6 The state establishes a
government data sharing standards system to standardize and regulate government
data sharing.
Article
7 The state encourages
innovation in management, mechanisms, and technologies in the field of
government data sharing and continuously improves the efficiency and
application of and capabilities to secure government data sharing.
Chapter II Administration System
Article
8 People's governments at
all levels shall strengthen the organization and leadership of government data
sharing.
The government data sharing department of the State Council is responsible for
coordinating and promoting government data sharing across the country.
The government data sharing department of local people's governments at or
above the county level is responsible for coordinating and promoting government
data sharing within its administrative area.
All the departments of the State Council are responsible for government data
sharing within their departments and coordinate and guide government data
sharing in their industries and fields.
Article
9 A government data sharing
department shall, together with other government departments, study major
issues and important tasks in government data sharing, summarize and promote
representative cases and experience in government data sharing, and coordinate
the promotion of the safe, orderly and efficient sharing and utilization of
government data across levels, regions, systems, departments and businesses.
Article
10 A government department
shall implement its principal responsibility for sharing government data,
establish and improve its work system for government data sharing, and organize
the studies and resolution of major issues in government data sharing.
Article
11 A government department
shall specify its government data sharing unit. The government data sharing
unit is responsible for the specific work of government data sharing in the
department and performs the following duties to:
(1) Organize the compilation, updating and maintenance of the department's
government data list.
(2) Organize the submission of applications for sharing of government data of
the department, organize the review of applications for sharing of government
data of the department, and coordinate and share government data of the
department.
(3) Ensure that the government data provided by the department complies with
government data sharing standards and specifications.
(4) Organize the submission or processing of government data verification
applications involving the department.
(5) Establish and improve a data security and personal information protection
system in the government data sharing of the department, and organize the
security assessment of the government data sharing of the department.
(6) Other work related to government data sharing within this department.
Chapter III List-based Management
Article
12 Government data is managed
based on unified lists. The government data sharing department of the State
Council shall formulate standards and specifications for compiling government
data lists and organize the compilation of a national government data list. The
government data sharing department of a local people's government at or above
the county level shall organize the compilation of a government data list
within its administrative area.
A government department shall compile its government data list within its
purview in accordance with the standards and specifications for compiling
government data lists.
Article
13 When compiling a
government data list, a government department shall assess confidentiality
risks and impacts on personal information protection, among others, in
accordance with the law, and submit the list for review and approval by its
head.
A government data list shall specify the data list name, data items, providers,
data formats, data update frequency, sharing attributes, sharing methods, use
conditions, data categories and classifications, and other information.
Article
14 Government data is divided
into three categories according to sharing attributes: unconditional sharing,
conditional sharing, and non-sharing:
(1) Government data that may be shared with all government departments belongs
to the unconditional sharing category.
(2) Government data that may be shared with relevant government departments
under certain conditions belongs to the conditional sharing category.
(3) Government data that is prohibited from being shared with another
government department by any law, administrative regulation, or State Council
decision belongs to the non-sharing category.
Article
15 A government department
shall scientifically and reasonably determine the sharing attributes of
government data, and shall not hinder or affect government data sharing by
arbitrarily adding conditions or other means.
For government data in the unconditional sharing category, a government
department shall specify the sharing scope, uses, and other sharing conditions
in the government data list. For government data in the non-sharing category,
the government department shall specify the reasons in the government data list
and clarify the corresponding laws, administrative regulations and State
Council decisions as the basis.
Article
16 A government department
shall submit for review a compiled government data list to the government data
sharing department at the same level. The government data sharing department
shall notify government departments uniformly after review and approval.
A government department shall, based on the uniformly issued government data
list, enrich government data resources, ensure the quality of government data,
and share government data in accordance with the law.
Article
17 A government data list
shall be updated dynamically.
If the government data list needs to be updated by reason of an adjustment to
any law, administrative regulation, decision of the State Council, or a change
in the responsibilities of the government department, the government department
shall complete the update of the government data list within 10 working days of
the adjustment or change, and submit the list for review to the government data
sharing department at the same level. If the update period needs to be extended
for special reasons, it may be extended by five working days with the consent
of the government data sharing department at the same level.
The government data sharing department shall complete the review and issuance
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