Open Government Data in Taiwan

In the recent years, the tide of open movement has pushed vigorously from the open source software, open hardware and the recent open data. More and more countries have joined the global initiative of open government data in order to achieve the ultimate goal to promote the democratic governance. National government adopts open data policy to enhance the transparency, participation and collaboration of the citizen into the government operation. Meanwhile, fueled by the knowledge economy and the statistical analysis of the big data technology, open government data could work as the catalyst to individuals, industries and government agencies to transform data into potential knowledge-based services. Up to the end of 2013, there are around 77 countries have adopted the Open Government Data policy.

Taiwanese government also declared to take part in the open data revolution. The government had officially launched the open data policy in 2012. In Resolution No. 3322, the Executive Yuan prescribes that open government data could enhance the transparency of the government; improve the quality of life of people; and meet the needs of the industry. Governmental agencies under the authority of the Executive Yuan shall to recognize the importance of the empowerment brought from open government data to the quality of the decision-making process and asked the agencies to implemented the policy from the perspectives of the user’s needs and applications, and also the consider to include machine readable format for the data.

The Executive Yuan directed the Research, Development and Evaluation Commission (RDEC)(行政院研究發展考核委員會) to develop related principles and measures to support government agencies of the Executive Yuan to plan, execute and open up their data. At the same time, it also directed the Industrial Development Bureau(IDB), Ministry of Economic Affairs (MOEA) (經濟部工業局)to develop responsive strategies to cope with the industrial development.

Pursuant to the Resolution No. 3322 of the Executive Yuan, RDEC worked through the open government data related laws and regulations, proclaimed the “Open Government Data Operating Principle for Agencies of the Executive Yuan”(行政院及所屬各級機關政府資料開放作業原則)and the “Essential Requirements for Administrate Open Government Data Datasets” (政府資料開放資料集管理要項)in the early 2013. All government agencies of the Executive Yuan have to adopted the following 3 open government data steps:"open up government data for public use”, “provide data free of charge subject to certain exemptions”, "automated systematic release and exchange data”, and work in with 4 open government focus strategies: “release data actively and by the priority in the field of daily necessity”, “develop the norm of open government data”, “promote the use of Data.gov.tw”, and “demonstrate and advocate open government data services”. Ministry of Economic Affairs (MOEA) (經濟部工業局)also provided grants ($9,200 NTD) to the open government data value-added applications and development.

The open government data platform (data.gov.tw) was launched in July, 2013, as the official Taiwan government site providing public access and reuse of government data sets from 62 government agencies of the Executive Yuan, including the Ministry of Interior (MOI)(內政部), Ministry of Foreign Affairs (MOFA)(外交部), Ministry of Economic Affairs (MOEA)(經濟部), Council for Economic Planning and Development (CEPD)(行政院經濟建設發展委員會), Hakka Affairs Council (HAC)(客家委員會), Water Resources Agency, Ministry of Economic Affairs (WRA) (經濟部水利署), and 4 local governments. At the end of 2013, each government agency is required to release at least 55 data sets.

In addition, the rising tide of private-sector (individual or enterprise) also aims to mine the gold in open government data. Act upon the National Information and Communication Initiative (NICI)(行政院國家資訊通信發展推動小組)in the consultation of the open government data policy, Taipei Computer Association (TCA)(台北市電腦同業工會)organized the “Open Data Alliance” (ODA)(Open Data聯盟)as a bridge between the information provide-side (public sectors) and the demand-side (private sectors), to communicate and coordinate the expectations and needs from communities (bottom-up) towards open government data. On Dec. 11, 2013, Taiwan took one more step in the global open data initiative. Open Data Alliance (ODA) and the Open Data Institute (ODI) in UK signed the memorandum of understanding (MOU) and announced the alliance established to promote and explore the potential opportunities of open data holds for the public, private and academic sectors. The engagement of ODA and ODI could bring another catalyst for the open movement in Taiwan to take one big step in the international community.

According to a survey from ODA, the biggest challenge so far is the available data sets do not really meet the needs of the industry. And most of the feedback reflects the concerns in licensing, charge, frequency of updates, data formats and data quality. These voices echo the open government data issues encountered in many countries.

There are still some obstacles with the applicable laws and regulations (for example, Charges and Fees Act, Personal Data Protection Act, Accoutability & Liability etc.) wait to be solved before both public and private sectors to go onto the next level of open data development.

※Open Government Data in Taiwan,STLI, https://stli.iii.org.tw/en/article-detail.aspx?no=105&tp=2&i=169&d=6432 (Date:2024/04/16)
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Notification System (1)Computer Emergency Response Team Coordination Center The Computer Emergency Response Team Coordination Center (CERT/CC) run by Carnegie Mellon University is the oldest and most important early-warning organization for information security in the USA. With its experts studying internet vulnerabilities and risk assessment released regularly, it reminds people of the possible dangers which exist in the information age and the need to improve internet security. (2)US Computer Emergency Readiness Team The US Computer Emergency Readiness Team (US-CERT) was established in 2003. It is responsible for protecting the infrastructure of the internet in America and for coordinating and providing response support and defense against national cyber attacks. It interacts with federal agencies, industry, the research community, state government, and others to disseminate reasoned and actionable cyber security information to the public. 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And, the norm in which private institutions are encouraged to voluntarily share with DHS the information security message of important critical infrastructure is regulated in the Critical Infrastructure Information Act: Procedures for Handling Critical Infrastructure Information. According to the Act, the DHS should have the obligation to keep the information provided by private institutions confidential, and this information is exempted from disclosure by the Freedom of Information Act. (4) Freedom of Information Act Many critical infrastructures in America are regulated by governmental laws, yet they are run by private institutions. Therefore, they should obey the law and provide the government with the operation report and the sensitive information related with critical infrastructure. However, knowing that people can file a request at will to review relevant data from the government agencies based on the Freedom of Information Act (FOIA), then the security of national critical infrastructure may be exposed to the danger of being attacked. Therefore, the critical infrastructure, especially the information regarding the safety system, early warning, and interdependent units, are all exempted by the Freedom of Information Act. (5) Terrorism Risk Insurance Act of 20026 After the 911 Incident, Congress in America passed the Terrorism Risk Insurance Act to establish the mechanism to underwrite terrorism risk insurance, in which insurance companies are required to provide terrorism attack risk insurance and the federal government will also cover part of loss for severe attacks. 1.http://www.dhs.gov/xabout/structure/editorial_0794. shtm (last accessed at 21. 07. 2009). 2.http://www.thei3p.org/ (last accessed at 21. 07. 2009). 3.http://www.panix.com/~eck/computer-fraud-act. html (last accessed at 21. 07. 2009). 4.Mark G. Milone, Hacktivism:Securing the National Infrastructure, 58 Bus. Law, 389-390, 2002. 5.http://www.dhs.gov/xlibrary/assets/hr_5005_enr.pdf (last accessed at 21. 07. 2009). 6.http://www.ustreas.gov/offices/domestic-finance/financial-institution/terrorism-insurance/pdf/hr3210.pdf (last accessed at 21. 07. 2009).

Introduction to Critical Infrastructure Protection

The security facet of cyberspace along with a world filled with CPU-controlled household and everyday items can be examined from various angles. The concept of security also varies in accordance with different stages of national conditions and industrial development in different nations. As far as our nation is concerned, the definition of security industry is "an industry offering protection for human bodies, important infrastructure, information, financial system, as well as offering equipment to defend the security of national lands and the service"1 as initially defined by "Security Industry Program Office." Judging from the illustration of the definition, the security industry should be inter-disciplinary and integrative, which covers almost all walks of life and fields, such as high-tech industrial security management, traffic & transportation security management, fire control and prevention against natural calamities, disaster relief, information security management, security management in defense of national borders, and prevention of epidemics. After the staged mission, "e-Taiwan program", was accomplished in 2007, our government hoped to construct a good surrounding by creating a comfortable life from a user’s point-of-view. This was hoped to be achieved by using "the development of a high-quality internet society" as a main source by using innovative services, internet convergence, perceptive environment, security, trust, and human machine linkage. At the Economic Development Vision for 2015: First-Stage Three-Year Sprint Program (2007~2009) formulated by the Executive Yuan, wireless broadband, CPU computer-controlled items all have become part of our every day lives, and healthcare, along with the green industry are listed as the next emerging industries; whereby the development of relevant critical technologies is hoped to be promoted to create higher industrial values and commercial opportunities. However, from a digitally-controlled-life viewpoint, the issue concerned by all walks of life is no longer confined to the convenience and security of personal life but gradually turns to protection of security of a critical infrastructure (CI) run by using information technology. For instance, finance management, stock market, communication network, harbors and airports, high speed rail, R&D of important technology, science parks, water purification facilities, water supply facilities, power, and energy facilities. 2Because security involves resources related with people's most fundamental living needs and is the most elementary economic activity of the society, it is regarded as an important core objective to promote the modern social security system. Therefore, critical infrastructure protection requires more dependence on information and communication technology to maintain the stability of finance and communication, as well as the security of facilities related with supply and economy of all sorts of livelihoods in order to ensure regular operation. With the influence of information and communication technology on the application of critical infrastructure on the increase, the society has increasingly deepened its dependence on the security of our cyber world. The concept and connotation of information security also keep extending with it toward the aforementioned critical infrastructure protection planning, making critical information infrastructure protection (CIIP) and critical infrastructure protection (CIP) more inseparable in concept3 , and becomes an important goal of policy implementation to achieve the vision of a digital lifestyle which is secure for every nation. In recent years, considerable resources have been invested to complete an environment whereby a legal system of “smart lifestyle” is developed. However, what has been done for infrastructure protection continues to appear as not being comprehensive enough. This includes vague definitions, scattered regulations and policies, different protection measures taken by different authorities in charge, obvious differences in relevant risk management measures and in the magnitude of management planning of information security and so on. These problems all influence the formation of national policies and are the obstacles to the promotion of relevant industrial development. In view of this, the 2008/2009 International CIIP Handbook will be used as the cornerstone of research in this project. After the discussion on how critical infrastructure protection is done in America, Germany and Japan, the contents of norms of regulations and policies regarding critical infrastructure protection in our nation will be explored to make an in-depth analysis on the advantages and disadvantages of relevant norms. It is hoped to find out what is missing or omitted in the regulations and policies of our nation and to make relevant amendments. Suggestions will also be proposed so that the construction of a safe environment whereby the digital age of our nation can be expanded to assist the “smart lifestyle” to be developed further. 1.See http://tsii.org.tw/modules/tinyd0/index.php?id=14 (last visited May 24, 2009) 2.For "2008 International Conference on Homeland Security and Application of Technology in Taiwan ~ Critical Infrastructure Protection~", please visit http://www.tier.org.tw/cooperation/20081210.asp (last visit date: 05/17/2009). 3.For critical infrastructure protection, every nation has not only proceeded planning for physical facilities but put even more emphasis on protection jobs of critical information & communication infrastructure maintained via the information & communication technology. In the usage of relevant technical terms, the term "critical infrastructure" has also gradually been used to include the term "critical information & communication infrastructure". Elgin M. Brunner, Manuel Suter, Andreas Wenger, Victor Mauer, Myriam Dunn Cavelty, International CIIP Handbook 2008/2009, Center for Security Studies, ETH Zurich, 2008. 09, p. 37.

Research on the Introduction of Privacy Protection Management Mechanisms and Data Value-Added Services into Communications Enterprises in 2020

Research on the Introduction of Privacy Protection Management Mechanisms and Data Value-Added Services into Communications Enterprises in 2020 2021/12/09 I. Introduction   The global economy is shifting away from traditional economic models towards an emerging digital era as technology advancement and new applications are introduced. The rapidly changing digital age has led to a gradual transformation in the way digital technology is used in the industry, thereby driving the overall growth of the global digital economy. The digital economy is driven by "data," and how data is used, its purpose, risks and regulation are all inextricably intertwined with industrial development and application, as is the case for the communications industry.   As such, while the free circulation of data has become central to international free trade and economic operations, it is not only conducive to the promotion of transnational business and economic and trade interactions, but also fraught with worry and concern over how to ensure the protection and security of personal data and privacy. As a result, the issue of how to adapt the data risk control mechanism and related complementary measures so that they can be applied to the industry and comply with regulatory requirements has become a global reality that must be actively addressed. As far as Taiwan is concerned, when considering how to cope with industry needs, there is a pressing need to strike a balance between personal data and international regulatory requirements, and to expedite the legitimate utilization of personal data protection and data value-added service in the sector in an effort to facilitate the development of the digital economy. II. Recommendations on Data Governance and Innovative   Application Planning. According to the aforementioned international data strategies and strategies for innovative data applications, the development of the data economy as a whole is driven by the formulation of overall superior policies, with a view to fully utilizing the potential value of data and building a vibrant ecosystem suited for innovative data applications. With the outbreak of COVID-19 this year, the application of data will be crucial in the post-pandemic era. It is also observed that data applications are gradually moving towards cross-boundary sharing and reuse, and empowerment of data subjects, and therefore, in light of the above observations and findings, we offer recommendations on data governance and innovative application planning. First, as for the establishment of a ministry and mechanism for data application and communication, since there is no single dedicated authority in Taiwan, and the formation of a ministry for science and technology development is now under intense discussion, data application may become an important function of the ministry, so we have to consider an authority for data application and communication. Further, there is currently no sandbox mechanism for data application in Taiwan. Reference should be made to the British data communication mechanism for providing legal advice and consultation sought on data application regulation.   Second, with regard to the formulation of regulations and amendments to existing laws relating to data applications, the most noteworthy is the EU Data Governance Act 2021. Taiwan does not have a complete and appropriate legal framework for data application, except for the Freedom of Government Information Law, the Personal Data Protection Act (PDPA) and the relevant laws and regulations distributed in various fields, and the nation is currently seeking an adequacy decision from the EU, and therefore our PDPA needs to be amended accordingly, yet no progress has been made at this stage. Consequently, a comprehensive strategy should be developed by taking into account both the formulation of the basic data application regulations and the amendments to the current PDPA, in order to achieve long-term data governance and application and sharing.   Lastly, in terms of the incorporation of the concept of data empowerment and the design of the mechanism, the international trend moves towards data empowerment to give data subjects more control over their data. The Financial Supervisory Commission (FSC) of Taiwan has also incorporated this idea in its open banking, so has the National Development Council’s (NDC) MyData program. As such, it is suggested that the government should provide guidelines or devise the relevant system, or even make reference to the Japanese data bank mechanism regarding the establishment of intermediaries to assist consumers in managing their data, which could be used as a reference for the design of the mechanism in the future. III. Accountability for and Management of Data Use in Enterprises   Among the countries studied regulation of Singapore and Taiwan are similar and have adopted the development of digital economy as their main economic strategy, but Singapore has been more proactive than Taiwan in the design of the legal system to facilitate the use of data. Therefore, with regard to the control of data use in businesses by the competent authorities, this Project, by looking at the amendment to the Singaporean PDPA, aims to reinforce the regulation of the accountability system and the operation of the existing series of guidelines. From the changes in Singapore's PDPA, it can be observed that the competent authorities can refer to the practices of enterprises in the use of data.   First of all, the existing regulations in Taiwan tend to have more about compliance than accountability, with emphasis being placed on data security maintenance and compliance with the PDPA. For instance, Taiwan’s “Regulations Governing Security Measures of the Personal Information File for Non-government Entities Designated by National Communications Commission” focus on following the law on the use of personal data. Nonetheless, the so-called accountability means that the competent authorities must oversee the implementation of data protection measures and policies of enterprises, not just pro forma compliance with the letter of the law.   The second observation is that Singapore is quite proactive in addressing the need for data use in the development of its digital economy by making an exception to innovative uses regarding informed consent. The inclusion of data portability also represents a heightened control of the data subject. These amendments are all related to Singapore's policy of actively developing its smart nation initiative and signify a more proactive approach by the authorities in monitoring the use of data by businesses. Taiwan needs to be more open and precise in regulating the use of data for the development of its digital economy.   Finally, there is increased flexibility in enforcement, as authorities can resolve disputes between subjects over data use more quickly through the introduction of mediation or other alternative dispute resolution (ADR) mechanisms. Meanwhile, the Personal Data Protection Commission (PDPC) has developed industry-specific consultation guidelines, recognizing that there may be specific issues for different industries. The PDPC noted that these guidelines are based on the partnerships, consultations and feedback associated with the relevant industries, and close collaboration with the industry's authorities of target businesses. IV. Conclusion   Despite the lack of a dedicated authority for personal data protection, Taiwan can first build a cross-industry coordination and communication platform, and then collaborate across ministries to primary integrate standards in personal data protection to facilitate the needs of industrial innovation in the digital economy.

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