DATA drives development and is an effective policy-making instrument to promote democratic, inclusive governance.
This is the core theme of the D4DAsia Synthesis Report released today by LIRNEasia, together with the Data for Development Asia Hub (D4DHub), the Open Development Initiative of EWMI, and the Sinar Project.
The report reviewed and analyzed laws, policies, and initiatives affecting data governance practices in South and Southeast Asia, including recommendations to improve data governance frameworks in the region and beyond.
Eight countries — India, Indonesia, Nepal, Pakistan, South Korea, Sri Lanka, Thailand, and the Philippines — participated in the preliminary survey.
General findings
- All of the countries studied have specific laws that provide for the right of the public to access information held by the state. The maxim “Disclosure is the norm, secrecy is the exception” appears to underlie these laws.
- All the countries studied have a national archive maintained under a statutory framework, with a specific authority responsible for collection, maintenance, and public access. There are also other archiving laws that allow for dissemination of information to the public.
- Of the countries studied, only Indonesia and the Philippines are members of the Open Government Partnership. Still, all countries except Nepal have a single website (“open data portal”) intended to provide access to government data.
- While Indonesia, Thailand, and the Philippines do not have specific government policies preferring open software and standards, legislation had been proposed in the Philippines requiring adoption of FOSS by the government. No such bills are currently being deliberated.
- Every country studied has exemptions restricting access to information on grounds such as national security, public order, and privacy, either in their constitutions or statutes.
- None of the jurisdictions studied specifically grant copyright to literary, artistic, musical, or other works generated by AI, but none explicitly prohibit copyright over such works.
Key takeaways for PH
- The Constitution guarantees the right to information on matters of public concern, but internet access remains a minor hurdle.
- The Open Data Portal, which promotes open standards, has not been able to take advantage of the more professionally managed OpenStat of the Philippine Statistics Authority.
- The Philippine government does not have a specific policy preferring open software and standards, and no such legislation is currently under deliberation.
- There are no specific standards for systems interconnectivity, data integration, e-services access, and content management — only general principles.
- The absence of a comprehensive privacy or data protection law could lead to an inconsistent governance framework that often prioritizes state control.
- There is no law governing data localization.
- The country’s copyright law recognizes copyright only for a “natural person” and does not extend protection to works generated purely by artificial intelligence.
Some recommendations
Institutional framework and capacity building
- Develop simplified yet comprehensive data governance frameworks.
- Create mechanisms for regular review and updates of data governance policies.
- Invest in technical training programs for government officials.
- Establish dedicated data governance units within key government departments.
Transparency and consultation
- Institutionalize pre-legislative consultation processes with clear timelines and feedback mechanisms.
- Establish multi-stakeholder advisory committees for data governance initiatives.
Implementation transparency
- Involve and consult with the public in the rollout of technological projects.
- Require regular public reporting on compliance levels and enforcement actions.
Rights and protection framework
- Explicitly recognize and protect both privacy rights and the right to information in legislative frameworks.
- Establish independent oversight mechanisms for both privacy and transparency.
Technical infrastructure and standards
- Adopt open standards for data sharing and interoperability, and promote the use of free/open source software (FOSS) in government systems.
- Establish minimum security standards for data storage and transmission.
- Develop national data sharing frameworks with clear protocols.
- Establish standard APIs for government services.
- Create common metadata standards across government departments.
International cooperation and learning
- Establish regional forums for sharing best practices and lessons learned.
- Create mechanisms for regular policy exchange between developing nations.
- Align domestic frameworks with international best practices while maintaining local relevance.
- Create mechanisms for cross-border data governance cooperation.
Public engagement and awareness
- Develop public education programs about data rights and responsibilities.
- Establish regular multi-stakeholder consultations on data governance issues.
- Create clear guidelines for public-private partnerships in data governance.
- Establish incentive mechanisms for private sector compliance.
Develop collaborative frameworks for addressing emerging challenges.
Source: manilatimes.net
