Publication of Open Datasets (RO0084)

Description of the problem

The subject of open data has been included in all OGP national plans assumed and implemented by Romania so far. These commitments aimed at supporting the government approach, but also the re-use of data, through concrete actions, which in many cases complemented the lack of clear or sufficient regulations for the development of the initiative. Starting with June 2022, through the adoption by the Parliament of the law transposing Directive 1024/2019 on open data and the re-use of public sector information (https://legislatie.just.ro/Public/DetaliiDocument/256414), the legislative framework has been completed and comes with new obligations for public administration institutions. Thus, by implementing the provisions of Law no.179/2022 on open data, as well as the implementation of the project Capacity Development at the Centre of Government, carried out by the Romanian Government with the OECD, from Norwegian funds, a series of actions (milestones) or commitments left unfulfilled or incomplete from previous plans will be covered. In the 2020-2022 NAP, the proposed commitment was only partially implemented due to a lack of resources. In order to ensure the ambitious implementation of the Law on Open Data, but without including already binding actions according to the provisions of the law, this commitment was designed to include complementary 30 practical measures and support them. Unlike the previous Plans, this commitment no longer includes an annex with the list of datasets that the institutions have undertaken/proposed for publication, as the Law identifies a series of high-value datasets in 17 domains, which institutions will be required to open, including the publication of publication plans, within 6 months of the adoption of the law. Thus, the aim was to avoid duplication of this approach, with a focus on the correct implementation of the legislation. According to the EU Open Data Maturity Report, the data opening initiative in Romania has stagnated in recent years, compared to the situation in other Member States. The problems identified concern the incomplete regulatory framework, poor data quality as well as low re- use and impact. The commitment will correlate with OECD conclusions and recommendations from the Digital Government Review (Data-driven Public Sector and Open Government Data) to establish the necessary additional practical and regulatory measures.

Description of the commitment

What the commitment means The commitment aims to facilitate collaboration between the leading institutions of open data initiatives, data publishers and the community of re-users to increase the number and quality of published data, as well as the degree of re-use and impact.

what are the pursued results Organisation of mixed working groups to identify needs and measures to advance open data initiatives in Romania

what is the major objective Ambitious and efficient implementation of the Open Data Law, with the aim of increasing the impact of publication and re-use of open data

Measurable activities (maximum 5) Responsible (institution/partner) Start date Date of completion

1. Publication of open data according to agencies’ publication plans and in addition, data identified as priority for publication Ministry of Internal Affairs, INS, MMSS, other institutions 2022 2024

2. Organisation of inter- institutional and mixed working groups for the elaboration of the implementing rules of Law no.179/2022 on open data and for the implementation of the publication plans related to the provisions of the Law SGG, ADR, institutions, civil society (re-user community) 2022 2022

3. Organisation of a joint working group (institutions, re-use community) to identify new high- value datasets (other than those included in the law, i.e. the implementing act of the Directive) and measures necessary to increase the quality and number of published data sets. Inter- institutional approaches to ensure the application of the ‘open by design and by default’ principle in public administration. ADR, SGG, civil society, data re- users 2023 2024

4. Organising webinars with institutions and re-users to promote examples of good practice in publication and re-use. Although this activity was also included in the 2020-2022 NAP commitment, being almost completed, it is part of a permanent process for the creation of data ecosystems (publishers, re-users), adapted to the regulations in force (i.e. new regulations and identified needs). SGG, ADR, institutions, re- users 2022 2024

5. Providing certified open data training courses INA/SGG 2022 2024

Other information Budget required (lei) (source, if it already exists) Correlation with other government programs/strategies

Action Plan Review

Commitment 7. Publication of open data sets

● Verifiable: Yes

● Does it have an open government lens? Yes

● Potential for results: Substantial

General Secretariat of the Government, Authority for the Digitalization of Romania

For a complete description of the commitment, see Commitment 7 in Romania’s 2022–2024 action plan here.

Context and objectives

Romania has consistently included commitments on open data in its OGP action plans. [40] The present commitment was proposed by the Center for Public Innovation, as well as the SGG and the Authority for the Digitalization of Romania (ADR). The SGG and ADR are the institutions in charge of implementing and monitoring Romania’s recently enacted open data legal framework. [41]

Romania’s open data portal (data.gov.ro) currently has 3,044 data sets from 116 state institutions. The Open Data Barometer gave Romania a score of 43, above the global average of 34. [42] The country ranks high in support for data reuse and in data accessibility, but low in the availability of key anti-corruption data such as beneficial ownership and land use. Meanwhile, the 2021 Open Data in Europe Report by the European Data Portal ranked Romania 22nd regarding open data practices in the EU-27, which kept the country in a “follower” status. [43] This report noted an active role played by the national data portal team in facilitating assistance with national and local institutions, and data re-users. However, Romania underperformed regarding the policy framework and governance structures for open data.

Under this commitment, the SGG and ADR aim to involve CSOs while implementing the open data law, as well as to identify key high-value data sets for publication. In 2022, Romania transposed to national legislation the EU Directive 2019/1024 on open data and the reuse of public sector information, [44] a commitment in the 2020–2022 action plan. [45] Meanwhile, Law 179 (enacted in June 2021) has provided Romania with a normative framework to carry out a comprehensive open data policy, which this commitment will implement. Chapter V of Law 179 provides a list of categories for high-value data sets, reflecting EU Directive 2019/1024, which can be expanded by the ADR.

The commitment foresees enhanced collaboration between the SGG and the ADR with actual and potential data publishers and users. The SGG and the ADR will organize working groups with CSOs to discuss the implementation of Law 179 and help the government identify new high-value data sets that were not included in the law’s annex. Importantly, the commitment entails ensuring the application of an “open by design and by default” principle for public agencies, as established in articles 8 and 13 of Law 179. The implementation of Law 179 will add to the publication of previously unreleased data sets, while new sources will be identified with CSOs through the working groups. The commitment also entails holding trainings for the public and CSOs regarding open data reuse. The commitment’s open government lens is focused on the values of transparency and civic participation.

Potential for results – Substantial

The IRM considers this commitment as having substantial potential for results. Although Romania has had open data commitments in past action plans, they have mostly focused on publishing data sets on an ad hoc basis. Under the current commitment, for the first time, Romania will implement a concrete legal framework on open data (Law 179/2022) that applies throughout the public administration. The commitment foresees an “open by design and by default” requirement throughout the Romanian public sector, which could potentially change business as usual in open data practices in the country. Unlike past commitments, working groups will now focus on implementing a concrete legal framework (Law 179/2022). They will also focus on developing the necessary inter-institutional approaches to ensure the application of an “open by design and by default” principle for the whole public administration. [46]

The commitment also seeks to tackle the lack of digital skills and data reuse among the population, which is critical for further socioeconomic development. Working groups consisting of the open data community and public institutions will oversee implementation of the legal framework and the “open by design and by default” principle. The commitment also entails trainings on developing the data-use skills among the user community and the public sector, which is of major importance for the country, as shown by the latest Digital Economy and Society Index (DESI) by the European Commission. [47] The government considers the development of digital skills in the public sector to be crucial to advance the digitalization of the country and for its accession to the Organisation for Economic Co-operation and Development (OECD). [48]

In 2015, Romania approved a National Strategy for a Digital Agenda, which set priorities focused on the use of technology for social and economic development in key areas. This strategy included open data as a strategic line of work and focused on fostering data publication by establishing common standards and concentrating publication in a single data portal. [49] In 2021, building upon this strategy, a public policy in e-government was adopted by the Romanian government, which established a roadmap for the digitalization of public services. Among this policy’s key measures, the development of critical information technology (IT) systems, as well as other IT systems associated with key sectors of public intervention, are foreseen. The policy considers open, standardized data, which should take into account citizens’ and businesses’ needs as crucial for these measures. This in turn will favor the governmental decision-making process and the development of artificial intelligence-based projects. [50]

Opportunities, challenges, and recommendations during implementation

This commitment follows a line of over a decade during which the Romanian government has steadily advanced open data as a way for society and institutions to create value. However, as expressed by the point of contact (POC), one potential challenge in the implementation of this commitment could be the lack of financial and human resources of some government institutions. As written, the commitment might require the implementing agencies to focus on certain key aspects to ensure broader and longer-lasting effects regarding its foreseen milestones. These are as follows:

• Advance toward a national open data strategy to ensure the allocation of resources and sustainability. Implementing a comprehensive open data publication framework demands technical capacities that could be difficult to attain for some public agencies. For this commitment to be successful, all involved institutions must understand what the implementation of Law 179 will require of them in terms of ongoing data publication, common data standards, engaging re-users, and the technical and human resources to carry out these tasks. A national open data strategy could be a good way to involve all prospective publishing institutions in the implementation of the legal framework. It could also add to the open data ecosystem in Romania, as well as to higher adherence by state institutions to legal requirements in open data.
• Take into account the need to advance social inclusion. For open data to foster social inclusion, it is important that publication complies with specific standards, such as the disaggregation by categories such as gender, age, and disability. Both actual and prospective published data sets should include this disaggregation, which will be crucial for the published data to become a meaningful tool to address the realities and needs of, among others, cisgendered women, the LGBTQIA+ population, elderly population, ethnic and linguistic minorities (e.g., Roma), or people living with disabilities. The foreseen inclusion of CSOs during the commitment—in working groups or in trainings—should attempt to engage these same disadvantaged groups in data publication, and in the development of their digital capabilities. Finally, setting concrete rules for working groups, such as frequency of meetings and diversity of participants, could ensure their sustainability.
• Propose an amendment of the Romanian Access to Information law. Romania’s 2001 Access to Information law (Law 544) allows for information of public interest to be requested to the public authorities by interested parties. [51] The law now risks becoming outdated due to the advent of open data. While Law 544’s application currently seems only relevant to the specialized public, such as journalists and nongovernmental organizations (NGOs), [52] adapting it to the new realities (e.g., requiring public institutions to proactively publish relevant data sets regarding their activities in open formats) could improve access to public information, not only for the specialized public but for society at large.