공공부문의 데이터 칸막이 해소를 위한 법제혁신 방안 – 입법 실무적 관점에서

Abstract

The ‘data silo’ that exists within the public sector reduces the government's policy ability by causing a disconnection of policy information, and causes many problems, including administrative inefficiency and conflict over policy. However, from the perspective of pursuing data-based administration and intelligent government, it is essential to open up the data that each public institution possesses independently so that it can be used jointly. And for this to happen, the problem of data silo must first be resolved. The data silo strongly stems from each organization's information monopoly and the exclusive disciplinary approach of the current laws regarding data sharing and opening. Therefore, in order to solve the silo problem, on the one hand, each public institution should be encouraged to break away from information monopoly and actively engage in data sharing and opening, and on the other hand, it should find laws that unreasonably block data sharing and opening. It must be reorganized to fit the data era. The most realistic and certain way to solve the data silo problem is to revise the law. The current ‘Act on Activation of Data-Based Administration’ requires each public institution to register on a digital platform that integrates and manages the data it has accumulated. However, in order to expand data sharing beyond the current level, data registration must be mandatory and exceptions that do not require data registration must be reduced. In addition, individual laws that completely prohibit or only allow extremely limited sharing and opening of data must be thoroughly investigated. After that, we must simultaneously seek ways to increase the utility value of data while respecting the legislative purpose of each individual law and the special protection legal interests of data, and move forward with a proactive legal system that expands the scope of data sharing and opening accordingly.