Ensuring the implementation of laws defining data policy (AM0056)

Brief Description of the Commitment:

Under the strategic agendas implemented by the Government, the ideology of considering the data as public wealth underlies the state policy. As a result of implementation of that policy, the Government of the Republic of Armenia has approved three systemic draft laws and submitted them to the National Assembly for discussion:
1. Draft Law "On cybersecurity";
2. Draft Law "On public information";
3. Draft Law "On Information Systems Regulatory Body".

The Draft Laws pursue an aim to regulate the relations pertaining to ensuring cybersecurity of critical information infrastructure or information systems in the sectors of vital importance, separate the sectors of vital importance, establish procedures for detecting, notifying of, preventing and resolving cyber incidents, monitoring, oversight of, responsibility for compliance with the requirements of the law, cybersecurity audits, other relations pertaining to the cybersecurity, as well as the relations pertaining to provision to the public of effective and high-quality services in a secure digital environment or through implementation of open information policy, which ensures also public oversight of fulfilment by state and local self-government bodies of their obligations.

The Draft Laws are expected to be discussed by the relevant Committees of the National Assembly and will be submitted for voting during the upcoming session

Therefore, taking into consideration that the Laws are of systemic nature, it is necessary to draft and introduce the open information policy deriving from the draft Laws "On cybersecurity" and "On public information" and the main secondary legislative legal acts facilitating the implementation of digital transformation programmes. The drafting and implementation of the specified legal acts will launch the process of ensuring the mechanisms for implementation of laws, which would allow for law-based and citizen-centred digitisation, formation of administrative information systems and their operation in a secure environment, introduction of data access mechanisms with the logic of open data policy.

It is envisaged to draft the following three secondary legislative legal acts:

1. Draft Decision of the Government of the Republic of Armenia "On establishing the criteria for identifying critical information infrastructure operated in the sector of vital importance";

2. Draft Decision of the Government of the Republic of Armenia "On defining the procedure for coordinating the process of implementation by the public bodies of digital transformation programmes and financing of these programmes";

3. Draft Decision of the Government of the Republic of Armenia "On defining the procedure and scope of disclosure of public information

1. What problem does the commitment aim to address?

Elaboration of the legislation defining the data policy includes also drafting of several secondary legislative acts, which is aimed at the regulation of relations regarding the formation and use of data in Armenia, the formation of institutional mechanisms with the adoption of the open data doctrine. The secondary legislative acts will clarify the rights and responsibilities of data market participants defined by the Draft Laws; they aim to ensure that secondary legislative acts being drafted establish clear criteria for identifying critical information infrastructure operated in the sectors of vital importance. Regulations will be introduced that would establish the coordinated procedures for implementation by the public bodies of digital transformation programmes and their financing. The provisions arising from the systemic nature of the Laws will be provided with the practical application tools, ensuring that both the cybersecurity, and data accessibility and digital governance are effectively implemented.

2. What are the causes of the problem?

The provisions of the Laws to be newly adopted cannot be fully implemented without properly drafted and comprehensive secondary legislative acts. Although the Laws define the general frameworks for ensuring the cybersecurity, digital transformation and disclosure of public information, clear criteria, procedures and mechanisms are necessary for 4 their practical application. The same applies to the coordination of implementation of digital transformation programmes and financing, as well as clear regulation of the disclosure of public information. The implementation of the Laws directly depends on how well the secondary legislative acts deriving therefrom are drafted and introduced.

Commitment Description

1. What has been done so far to solve the problem?

There are the legislation concerning the protection of the personal data, and the freedom of information, packages of Draft Laws on "On cybersecurity", "On public information" and "On Information Systems Regulatory Body" that have been approved by the Government of the Republic of Armenia and submitted to the National Assembly, however these steps are not sufficient to ensure the legal grounds for full introduction of the data policy.

2. What are the solutions we propose?

The Ministry of High-Tech Industry, in co-operation with interested institutions, has undertaken the implementation of the measure "Formation of legislation defining the data policy", which is also one of the goals declared by the 2021-2026 Programme of the Government of the Republic of Armenia and the strategy of Public Administration reforms. Parallelly, studies of the EU acts equivalent to secondary legislative acts, the international best practices and works towards elaborating drafts are carried out.

3. What results do we want to achieve by implementing this commitment?

Elaboration and adoption of secondary legislative acts on the implementation and financing of data disclosure policy, cybersecurity and digital transformation programmes will allow regulating the main secondary legislative legal framework necessary for the digital society and digital state and provision of services. As a final result, it is expected to create critical and complete legal grounds for development of citizen-centred and data-based policy, and development of economy and digital society.

Commitment Analysis

1. How will the commitment promote transparency?

The secondary legislative legal acts will provide the procedure for and scope of disclosure of public information, create a system of rules related to the open data accessibility and transparency, based on the open data doctrine.

2. How will the commitment help foster accountability?

The legislation of the Republic of Armenia will define and specify the standards of open data classification, usage, data protection and accurate distribution, accountability, and other legal relations. Specifying the procedure for implementation and financing of the programmes will require the state bodies to present in a well-founded manner how budget resources are used to provide service to citizens in a high-quality and secure digital environment, thereby strengthening public oversight tools.

3. How will the commitment improve citizen participation in defining, implementing, and monitoring solutions?

The elaboration and actual implementation of the secondary legislative acts based on the open data policy will also contribute to the development of citizen-state communication and participatory management systems through the implementation of more intelligent and mutually reliable solutions and platforms. At the same time, the secondary legislative acts will also ensure a sufficient legal infrastructure, which will enable to introduce systems for public service quality monitoring, control and management, to encourage the practices of designing and provision of citizen-centred public services and those based on the experience of a citizen.

Milestones | Expected Outputs | Expected Completion Date
Action 1.
Study of international practice with the participation of international and local experts and interested public sector representatives | Selection of the best applicable practice for Armenia | 2nd half of 2025

Action 2. Drafting of a secondary legislative act based on international practice and local context | Formation of legislative foundations | 1 st half of 2026

Action 3.
International and local expert discussions on the draft secondary legislative act | Applying as much as possible the available expertise and
collecting feedback during the elaboration stage of the initial version of the draft | 2nd half of 2026

Action 4. Public discussions on the draft secondary legislative act through recognised official channels and in more interactive and
participatory formats | Public awareness raising measures on legislative
solutions, formation of perceptions, opinions and public consensus |
2nd half of 2026

Action 5. Circulation of the final document between the state administration bodies. Adoption of a relevant legal act | The basic concept document will be accompanied by manuals for the application and use of the concept. | 1st half of 2027