This is the new FEMP Model Ordinance on Data Governance

The Spanish Federation of Municipalities and Provinces (FEMP) approved at the end of 2023 two model ordinances that address progress in two key areas: transparency and data governance. Both documents will not only improve the quality of processes, but also facilitate access, management and re-use of data. In this post, we will analyse the second ordinance drafted within the FEMP's Network of Entities for Transparency and Citizen Participation in its quest to define common reference models. In particular, the ordinance on data governance.

The usefulness and good work of the Model Ordinance on Data Governance in Local Entities has been highlighted by the Multisectoral Association of Information (ASEDIE), which awarded it the prize in the category 'Promoting data literacy' at its 15th ASEDIE International Conference.

Under this premise, the document addresses all elements related to the collection, management and exploitation of data in order to approach them as a commongood, i.e. ensuring their openness, accessibility and re-use. This is a relevant objective for local administrations, as it enables them to improve their functioning, service delivery and decision-making. Data governance is the framework that guides and guarantees this process and this ordinance proposes a flexible regulatory framework that different administrations can adapt according to their specific needs.

What is data governance?

 Data Governance comprehensively addresses all aspects related to the collection, management and exploitation of data, as well as its openness and re-use by society as a whole on an equal basis. Itcan therefore bedefined as an organisational function responsible for being accountable for the effective, efficient and acceptable use of databy the organisation, which is necessary to deliver the business strategy. This is described in the specifications UNE 0077:2023 on Data Governance and UNE 78:2023 on Data Management, which include standardised processes to guide organisations in the establishment of approved and validated mechanisms that provide organisational support to aspects related to the opening and publication of data, for subsequent use by citizens and other institutions.

How was the FEMP Data Governance Ordinance developed?

In order to develop the Model Ordinance on Data Governance in the Local Entity, a multidisciplinary working group was set up in 2022, which included workers from the Public Administrations, private companies, representatives of the infomediary sector, the Data Office, universities, etc. This team set out two main objectives that would mark the content of the document:

• Develop guidelines for municipalities and other public authorities defining the strategy to be followed in order to implement an open data project.
• Create a reference model of datasets common to all public administrations to facilitate the re-use of information.

With these two challenges in mind, in early 2023 the FEMP working group started to establish aspects, structure, contents and work plan. During the following months, work was carried out to draft, elaborate and reach consensus on a single draft.

In addition, a participatory process was organised on the Idea Zaragoza platform to nurture the document with contributions from experts from all over the country and FEMP partners.

The result of all the work was based on theOpen Data Charter (ODC), the recommendations issued by the Spanish Government's Data Office and the existing European and national regulations on this matter.

New features and structure of the Data Governance Ordinance

The FEMP's Model Ordinance on Data Governance is in line with the context in which it has been presented, i.e. it recognises relevant aspects of the current moment we are living in. One of the document's salient features is the premise of guaranteeing and enhancing the rights of both natural and legal persons and respecting the General Data Protection Regulation. The regulation places particular emphasis on the proportionality of anonymisation to ensure the privacy of individuals.

Another novel aspect of the standard is that it brings the vision of high-value data defined by the European Commission from the perspective of local government. In addition, the Model Ordinance recognises a single regime for access and re-use of public information, in accordance with Law 19/2013 of 9 December on transparency, access to public information and good governance, and Law 37/2007 on the re-use of public sector information.

Beyond ensuring the legal and regulatory framework, the FEMP Ordinance also addresses the data associated with artificial intelligence, a cutting-edge technological synergy that every day offers great innovative solutions. For an artificial intelligence to function properly, it is necessary to have quality data to help train it. In relation to this point, the ordinance defines quality requirements (Article 18) and metrics for their assessment that are adapted to each specific context and address issues such as accuracy, portability or confidentiality, among others.  The document establishes guarantees that the use of the data will be carried out in a way that respects the rights of individuals.

All these new aspects are part of the FEMP's Model Ordinance on Data Governance for Local Entities, which is organised in the following structure:

1. General provisions: This first section presents data as the main digital asset of Public Administrations as a strategic asset, and the object, principles and right of citizenship.
2. Planning, organisation and tools for data governance: Here the organisation and competencies for data governance are defined. In addition, the importance of maintaining an inventory of datasets and information sources is stressed (Article 9).
3. The data: This chapter recognises the publication requirements and security standards, the importance of the use of reference vocabularies, and the categories of datasets whose openness should be prioritised, namely the 80 typologies referred to by FEMP as most relevant.
   Life cycle: This section highlights, on the one hand, the collection, opening, storage and use of data; and, on the other hand, the limits, deletion and destruction of data when these actions are required.  when these actions are required.
4. Access, publication and re-use: The fifth chapter deals with issues related to the exploitation of data such as the use of specific licences, exclusive rights, payment for re-use or prior request for access to certain datasets.
5. Liability and guarantees: The last point describes the sanctioning and disciplinary regime and the civil and criminal liabilities of the re-user.

In short, the publication of the Ordinance on Data Governance in Local Entities provides local administrations with a flexible regulation and defines administrative structures that seek to improve management, reuse and the promotion of a data-driven society.

You can access the full document here: Standard Ordinance on Data Governance in the Local Entity