China attaches great importance to the development of the digital economy. Documents such as the "Opinions of the CPC Central Committee and the State Council on Establishing a More Perfect System and Mechanism for Market-Based Allocation of Production Factors" and the "14th Five-Year Plan for National Economic and Social Development of the People’s Republic of China and the Visionary Goals for 2035" explicitly call for fostering a data-factor market, building new advantages in the digital economy, establishing and improving a national public data resource system, launching pilot programs for authorized operation of government data, and encouraging third parties to deepen their exploration and utilization of public data. Currently, several provinces and cities across the country have already embarked on practical explorations related to the authorized operation of public data and have made promising attempts in institutional design. However, the authorized operation of public data remains a completely new undertaking, and there are still some ambiguities in both specific practices and institutional design. These explorations are being carried out under conditions where the foundational institutional framework for allocating rights and interests in public data is still lacking; the scope and boundaries of the rights and interests involved remain unclear; the content of these rights and interests is not well-defined; and the specific institutional designs for authorized operation of public data are still incomplete. As a result, in practice, the various stakeholders involved in the authorized operation of public data lack effective incentive mechanisms, which in turn hinders the deeper utilization of public data and the cultivation of the data-factor market. This has become a core issue that local governments urgently need to address in their efforts to promote the authorized operation of public data.

1. The core institutional framework for building a data marketplace ecosystem

The purpose of authorizing and operating public data is to harness market forces to specifically develop public data, thereby providing society with more value-added services. From this perspective, while the development of public data’s application value does not necessarily require prior data rights confirmation, realizing the full potential of public data applications nonetheless depends on an effectively functioning market ecosystem. Through multi-stakeholder participation in the market, we can establish market rules that facilitate data sharing and utilization, promote value creation, and ensure that only qualified market entities—those meeting stringent准入 requirements and possessing genuine capabilities to operate public data—are selected and admitted. To foster a broad societal atmosphere of active participation in and exploitation of public data resources, an array of industry ecosystem enterprises specializing in data valuation, pricing, trading, brokerage, application, and value-added services will emerge in large numbers, gradually driving the development of the entire data-factor market. At the heart of cultivating this market ecosystem lies a core institutional framework that includes at least the following: (1) a public data aggregation system based on data supply, covering data collection, storage, hierarchical classification, and... Registration and quality management standards; (2) an operational management oversight system and a data security assurance system based on data-driven operations, Establishing operational rules involves focusing on key issues such as the attributes of the operating entity, operational procedures, business boundaries, obligations and responsibilities, and safety management. Grounded in multiple dimensions—including public interest, market fairness, and risk prevention—these rules will center on aspects like the admission of operational service providers, capability assessment, and safety management, thereby constructing a set of operational management rules for public data. (3) A data demand delivery management system based on data utilization, focusing on: Transaction circulation primarily includes rules governing value assessment, data product delivery, and revenue distribution. ; (4) The effectiveness evaluation system refers to the process by which the competent authority for public data operations, through the establishment of a public data operation effectiveness evaluation framework, organizes and conducts assessments of the effectiveness of public data operations.

2. Improve the existing rules for classifying and grading public data.

Scientifically sound data classification and grading rules are essential prerequisites for ensuring the secure flow and efficient utilization of data. By establishing data “classes” and “levels” in a scientific and rational manner, we can, to some extent, address the shortage of publicly available data and break the passive state in which governments are hesitant—or even unable or unwilling—to provide public data. Adhering to the principle of simultaneously promoting data resource development and protection, balancing security with development, and combining innovative breakthroughs with prudent and inclusive regulation, we can foster the open application of public data, implement classified and graded protection measures, prioritize public interests, and strengthen the protection of personal information. Due to the varying characteristics of data subjects and data objects, different types of data carry distinct risks and possess diverse values. Some data have strong time sensitivity, while others can fully realize their value only under long-term, stable conditions. Some data are inherently assets, whereas others require processing and refinement before their utility can be effectively demonstrated. The mixed nature of data poses significant challenges to data openness. Therefore, based on the concept of scenario-based data applications and taking into account the different stages at which data exist, we can establish dynamically adjustable public data classification and grading rules.

3. Improve technical specifications

The operation of public data is inseparable from data platforms—including data operation platforms, data trading platforms, data valuation platforms, and various technical tools. Perfecting technical standards provides a sound operational environment and critical technological support for public data operations. By refining these technical standards, we can ensure the security and reliability of the public data authorization process.

Author Introduction:

Ma Yunhe is a Doctor of Law and a practicing lawyer, as well as a partner at Liaoning Tongfang Law Firm. He was formerly an associate professor at the China National Academy of Criminal Police and a supervisor for master’s degree candidates. He also has extensive experience working in the legal departments of large state-owned enterprises and possesses dual practical expertise in public security and law practice. Over nearly 20 years of legal practice, he has focused exclusively on corporate compliance, competition and antitrust law, and criminal defense. He is adept at helping businesses and entrepreneurs accurately and efficiently identify legal risks, and can assist companies in effectively establishing corporate compliance systems and proactively proposing tailored solutions to address these risks.