Open data and the reuse of public sector information in the IV Open Government Plan

The IV Open Government Plan 2020-2024 represents a new step in the achievement of the Sustainable Development Goals promoted by the United Nations within the framework of the 2030 Agenda adopted by its General Assembly. Specifically, for the achievement of number 16, related to Peace, Justice and Strong Institutions.

The Plan was approved in October 2020 by agreement of the Plenary of the Open Government Forum, a collegiate body attached to the General State Administration. This body has the participation of other Administrations and civil society which, on the other hand, have played an important role in its preparation process. In this regard, it should be noted that, in line with the principles of Open Government, the Plan was drawn up on the basis of a process of open consultation with society, in which almost 70% of the comments referred to transparency, accountability and open data.

Among the main challenges, the IV Plan raises the need to strengthen transparency, public access to information and accountability. To this end, the firm commitment to promote open data and the reuse of public sector information is of particular importance, especially with regard to the possibilities of promoting preventive systems of public integrity and, specifically, in the area of public sector procurement. This is undoubtedly a commitment that entails a relevant cultural and organizational change that inexcusably requires training actions both for the staff of Public Administrations and for society in general.

The Open Government Plan and the reuse of public sector information

The Plan includes the main commitments in this area in order to "contribute to a more just, peaceful and inclusive society".  In the specific case of transparency, open data and accountability, the Plan indicates that they will be promoted "through the development of actions aimed at their improvement and the evaluation of the results of public plans and programs", which necessarily entails a modification of the current regulations on transparency, access to information, open data and reuse of public sector information.

Specifically, the transposition of the new features incorporated in Directive (EU) 2019/1024 of the European Parliament and of the Council, of June 20, 2019, is contemplated as a first step. In this regard, it is considered that such reform may have a high transformative and fostering impact on the data ecosystem in that it requires extending the scope of the current regulatory framework. As regards the material execution of this commitment, the starting date is July 2020 -when a public consultation was opened prior to the preparation of the corresponding Preliminary Draft Bill- and the end date is July 17, 2021, when the new state legislation should have been definitively approved.

Main commitments of the IV Open Government Plan 2020-2024

In the process of preparing the Plan, special attention was paid to the contributions of the different public and private entities that form part of the Open Government Forum through their participation in various meetings and working groups, in addition to the aforementioned open consultation process with civil society.

During the process of preparing the Plan, the public administrations themselves included contributions of special interest. These are commitments that have been made and are included as proposals for improvement in the Plan itself. Apart from the promotion of the aforementioned general regulations, from the point of view of the initiatives promoted by state public entities, proposals were presented that were certainly relevant. These include the National Institute of Public Administration's data on the selection and training of civil servants, the implementation of a Climate Open Data by AEMET, the dissemination in open formats of the information of the Spanish Tourism Quality System, the promotion of an ecosystem of open geographic data and services, as well as the opening of data from the Commercial Registry.

With regard to the initiatives proposed by the Autonomous Communities, the following commitments stand out:

• At the regulatory level, of particular relevance is the commitment of the Junta de Castilla y León to approve a new legislation on transparency, access and reuse of public information, the processing of which is underway with the drafting of a preliminary draft already submitted to the corresponding hearing process.
• With regard to specific training on open data, the implementation of a specific training plan on open data aimed at the staff of the Junta de Andalucía within the framework of a broader plan that also includes the promotion of big data is noteworthy.
• The commitment to its own governance model is also present in the development of an open data strategy to promote the reuse of information in the Valencian public sector.
• With the aim of improving the conditions of access to information, the Canary Islands government is considering the implementation of a single centralized portal for access to open data, an approach that is also present in the evolution towards a single data catalog in Navarra.
• Finally, as regards the promotion of open data in some sectorial areas of special relevance, the Catalan Government intends to promote open data linked to gender equality policies.