China News Service, February 8. According to the website of the Ministry of Finance, the Ministry of Finance recently issued the "Notice on Strengthening the Management of Data Assets in Administrative Institutions." The notice pointed out that data assets, as an emerging asset type in the process of economic and social digital transformation, are important strategic resources for the country. All departments and their affiliated units must, in accordance with relevant national regulations and the requirements of this notice, effectively strengthen the data asset management of administrative institutions, explore data asset management models according to local conditions, fully realize the value of data elements, and better leverage the support of data assets in promoting the development of the digital economy. effect.
The full text of the notice is as follows:
Notice on strengthening data asset management of administrative institutions
Relevant departments of the Party Central Committee, ministries and commissions of the State Council, and agencies directly under the State Council, the General Office of the Standing Committee of the National People's Congress, the General Office of the National Committee of the Chinese People's Political Consultative Conference, the Supreme People's Court, the Supreme People's Procuratorate, the central committees of all democratic parties, relevant people's organizations, and all provinces, autonomous regions, municipalities directly under the Central Government, and separate planned Municipal Finance Department (Bureau), Finance Bureau of Xinjiang Production and Construction Corps, and relevant centrally managed enterprises:
In order to implement the "Opinions of the Central Committee of the Communist Party of China and the State Council on Building a Data Basic System to Better Play the Role of Data Elements", strengthen the management of data assets of administrative institutions, give full play to the value of data assets, ensure the security of data assets, and better serve and guarantee the performance of units. According to the "Regulations on the Management of Administrative State-owned Assets" (State Council Order No. 738) and the "Notice of the Ministry of Finance on Issuing the "Guiding Opinions on Strengthening Data Asset Management" (Caizi [2023] No. 141) and other relevant regulations, we are hereby notifying you of strengthening the management of data assets in administrative institutions as follows:
1. Clarify management responsibilities and improve management systems
(1) Clarify responsibilities. Data assets of administrative institutions are data resources held or controlled by administrative institutions at all levels in the process of performing their duties in accordance with the law or providing public services, and are expected to generate management service potential or bring in the inflow of economic benefits. Local financial departments should gradually establish and improve data asset management systems and mechanisms based on local realities, and be responsible for organizing implementation, supervision and inspection. Each department must effectively strengthen the data asset management of its own department and guide and supervise the data asset management of its affiliated units. The units affiliated to each department are responsible for the specific management of their own data assets.
(2) Improve the system. All departments should establish and improve data asset management methods for administrative institutions based on work needs and actual conditions, and refine management requirements and clarify operating procedures for key management links such as data asset confirmation, allocation, use, disposal, revenue, security, and confidentiality. , ensuring standardized management, clear processes, and traceable responsibilities. Any processing involving personal information shall be carried out in accordance with the authority and procedures specified in relevant laws and regulations.
2. Standardize management behavior and release asset value
(3) Strict allocation. Administrative institutions mainly allocate data assets through independent collection, production and processing, and purchase. Strengthen the source management of data assets. In the process of performing duties in accordance with the law or providing public services, independent collection, production and processing of data to form assets should be carried out in accordance with the prescribed scope, methods, technical standards, etc. If data assets are allocated through acquisition, they should be based on the needs of lawful performance of duties and career development, implement tight living requirements, and be scientifically allocated in accordance with budget management regulations. If government procurement is involved, relevant government procurement regulations should be implemented.
(4) Standardize use. In accordance with the "Data Security Law of the People's Republic of China" and other regulations, do a good job in data asset processing and improve the quality and management level of data assets. Standardize the authorization of data assets. After security assessment and approval based on asset management authority, the right to use data processing and the right to operate data products can be authorized to the operating entity for operation. Operating entities should establish a safe and trustworthy operating environment, operate within the scope of authorization, and be responsible for data security and compliance. All departments and their affiliated units that authorize external parties to use data assets for a fee must strictly perform approval procedures in accordance with asset management authority, and evaluate asset-related rights and interests in accordance with national regulations. Data assets are not allowed to be used as guarantees and to create new hidden government debts. It is strictly prohibited to inflate fiscal revenue in disguised form in the name of authorized paid use of data assets.
(5) Open sharing. Actively promote the open sharing of data assets, and on the premise of ensuring public security and protecting personal privacy, strengthen the aggregation, sharing, development and openness of data assets, and promote the full utilization of the value of data assets. Increase the supply and use of data assets, promote the conditional free use of data assets for public governance and public welfare undertakings, and explore the conditional paid use of data assets for industrial development and industry development. Data assets that are confidential in accordance with laws and regulations will not be opened to the public. Data assets that are open to the market for sharing should be clearly authorized for use and strictly authorized for use.
(6) Dispose with caution. Each department and its affiliated units shall promptly dispose of data assets based on the legal performance of duties, business development needs and the use of data assets, through collective decision-making and implementation of approval procedures, and in accordance with relevant documents such as disposal matter approvals. If it is really necessary to completely delete or destroy data assets, they should use professional technical means to completely destroy them in accordance with the confidentiality system to ensure that they cannot be restored.
(7) Strict income. Establish a reasonable data asset income distribution mechanism and safeguard data asset rights and interests in accordance with laws and regulations. The income generated from the use of data assets of administrative units shall be managed in accordance with the relevant provisions of the government's non-tax income and the centralized collection system of the treasury. The financial department at the same level shall stipulate specific management measures for the income generated from the use of data assets of public institutions. Unless otherwise stipulated by the state, the income from the disposal of data assets of administrative institutions shall be managed in accordance with the relevant provisions of the government's non-tax income and the centralized collection system of the treasury. No administrative institution or individual may violate national regulations by overcharging, undercharging, not collecting, underpaying, not paying, misappropriating, privately dividing, withholding, occupying, misappropriating, concealing, or sitting on data asset-related income.
(8) Lay a solid foundation. All departments and their affiliated units should conduct an inventory of data assets based on the data resource catalog, and strengthen data asset registration in accordance with national standards such as "Basic Classification and Code of Fixed Assets and Other Assets" (GB/T 14885-2022), and use them in budget management. Establish and improve asset information cards in the integrated system.
3. Strictly prevent and control risks to ensure data security
(9) Maintain safety. All departments and their affiliated units must conscientiously implement the overall national security concept, strictly abide by the "Cybersecurity Law of the People's Republic of China", "Data Security Law of the People's Republic of China", "Personal Information Protection Law of the People's Republic of China" and other legal system regulations, and implement network security laws and regulations. Security level protection system, establish a data asset security management system and monitoring, early warning, and emergency response mechanisms, promote classified and hierarchical management of data assets, integrate security throughout the entire life cycle management of data assets, effectively prevent and resolve various types of data asset security risks, and effectively build a strong Data asset security protection line of defense. All departments and their affiliated units should conduct national data security risk assessments in accordance with regulations.
(10) Strengthen supervision. All departments and their affiliated units must strengthen data asset supervision, adhere to the combination of pre-event supervision, in-process supervision, and post-event supervision, and combine daily supervision with special inspections to build a three-dimensional supervision network; consciously accept the supervision of the National People's Congress, audit supervision, financial accounting supervision, etc. Various types of supervision to ensure the safety and integrity of data assets.
(11) Timely reporting. All departments and their affiliated units should gradually include the management of data assets into reports on the management of administrative state-owned assets.
As an emerging asset type in the process of economic and social digital transformation, data assets are an important strategic resource for the country. All departments and their affiliated units must, in accordance with relevant national regulations and the requirements of this notice, effectively strengthen the management of data assets of administrative institutions, explore data asset management models according to local conditions, fully realize the value of data elements, and better leverage the support of data assets in promoting the development of the digital economy. effect.
Ministry of Finance
February 5, 2024