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Moldova

Publish Government-Held Open Data (MD0065)

Overview

At-a-Glance

Action Plan: Moldova National Action Plan 2016-2018

Action Plan Cycle: 2016

Status: Inactive

Institutions

Lead Institution: State Chancellery (according to the Moldovan open data legislation1)

Support Institution(s): Ministry of Education, Culture and Research, Agency for Land Relations and Cadastre, National Regulatory Agency for Electronic Communications and Information Technology, Ministry of Economy and Infrastructure, Ministry of Foreign Affairs, European Integration State Chancellery, E-Government Center, MiLab

Policy Areas

E-Government, Judiciary, Justice, Land & Spatial Planning, Open Data, Public Service Delivery

IRM Review

IRM Report: Moldova Mid-Term Report 2016-2018

Starred: No

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information Civic Participation , Technology

Potential Impact:

Implementation i

Completion: Pending IRM Review

Description

3.5. Publication of geospatial data according to Open Catalogue of the Agency for Land Relations and Cadastre, with possibility of visualization and / or open format:
3.6. Publishing, on the data.gov.md portal, the following datasets: - The public register of suppliers authorized by the National Regulatory Agency for Electronic Communications and Information Technology to provide electronic communications networks and / or services; - The list of license holders issued by the National Regulatory Agency for Electronic Communications and Information Technology for the activity in the field of information technology
3.7. Publication of open data on the process of fulfilling the commitments assumed by the MoldovaEU Association Agreement on the date.gov.md
3.8. Publication of open data on the cultural sector
3.9. Improving the court portal according to relevant user and legal propositions and providing automated access to information through the Application Programming Interface (API)
3.10. Organization of public consultations with data users to identify their needs regarding the availability of open data
3.11. Continuous opening of additional data sets and updating existing data sets on date.gov.md
3.12. Publication of data on the progress of the implementation of national action plans from the PlanPro monitoring tool, used by the State Chancellery, in a data format opened on the data.gov.md portal
Responsible institution: State Chancellery (according to the Moldovan open data legislation1)
Supporting institution(s): Ministry of Education, Culture and Research, Agency for Land Relations and Cadastre, National Regulatory Agency for Electronic Communications and Information Technology, Ministry of Economy and Infrastructure, Ministry of Foreign Affairs, European Integration State Chancellery, E-Government Center, MiLab
Start date: 1st quarter 2017 End date: 2nd quarter 2018

IRM Midterm Status Summary

3b. Publish government-held open data

Commitment Text:

Title: Publishing Government Open Data and Ensuring Access to Public Information

3.5. Publication of geospatial data according to Open Catalogue of the Agency for Land Relations and Cadastre, with possibility of visualization and / or open format:

3.6. Publishing, on the data.gov.md portal, the following datasets:

- The public register of suppliers authorized by the National Regulatory Agency for Electronic Communications and Information Technology to provide electronic communications networks and / or services;

- The list of license holders issued by the National Regulatory Agency for Electronic Communications and Information Technology for the activity in the field of information technology

3.7. Publication of open data on the process of fulfilling the commitments assumed by the Moldova-EU Association Agreement on the date.gov.md

3.8. Publication of open data on the cultural sector

3.9. Improving the court portal according to relevant user and legal propositions and providing automated access to information through the Application Programming Interface (API)

3.10. Organization of public consultations with data users to identify their needs regarding the availability of open data

3.11. Continuous opening of additional data sets and updating existing data sets on date.gov.md

3.12. Publication of data on the progress of the implementation of national action plans from the PlanPro monitoring tool, used by the State Chancellery, in a data format opened on the data.gov.md portal

Responsible institution: State Chancellery (according to the Moldovan open data legislation[Note146: Expert Grup NGO, Ziarul de Garda, CPR Moldova])

Supporting institution(s): Ministry of Education, Culture and Research, Agency for Land Relations and Cadastre, National Regulatory Agency for Electronic Communications and Information Technology, Ministry of Economy and Infrastructure, Ministry of Foreign Affairs, European Integration State Chancellery, E-Government Center, MiLab

Start date: 1st quarter 2017 End date: 2nd quarter 2018

Editorial Note: For the purpose of the IRM report, commitment three was broken up into two separate commitments (see details in the General Overview of Commitments section). This is a truncated version of the action plan. For full action plan text, please refer to https://www.opengovpartnership.org/sites/default/files/Moldova_NAP_2016-2018_EN.doc.

Context and Objectives

The Republic of Moldova launched the Open Data Portal (data.gov.md) in April 2011 as one component of technological modernization through the national e-transformation strategy.[Note147: T. Savva, Expert-Grup, personal communication, 22 December 2017.

] According to a government decision[Note148: Government Decision no. 700 of 25.08.2014.], data must be released in disaggregated, open, machine-readable formats and be licensed for legal re-use. Open data must be non-personal, unrestricted and available for users. However, public central authorities (governmental authorities) do not always publish data following the open data principles. In 2016, Moldova scored poorly on the Open Data Barometer[Note149: Open Data Barometer: Moldova, http://opendatabarometer.org/4thedition/detail-country/?_year=2016&indicator=ODB&detail=MDA%5D: of the 15 kinds of data assessed, only crime and statistics data was fully open and available.

This commitment aims to use technologies to improve datasets and portals, open various datasets across the government, including geospatial data, data on the Moldova-EU Association Agreement, and cultural sector data, and organize public consultations with data users and updating existing datasets. As such, this commitment meets the criteria for the OGP values of technology and innovation, access to information and civic participation.

Overall, the specificity of this commitment is medium: most activities, other than activities 3.5 and 3.6 (which clearly indicate which datasets will be published, in what format, and where), do not always identify the specific data to be published.

If implemented as written, this commitment would have a minor potential impact. Though opening more datasets will improve access to public data, especially impactful for data regarding the Association Agreement, activities covered in this commitment do not sufficiently tackle the list of problems data users have identified with the current system. This commitment does not address the availability or quality of datasets, and does not include measures to improve government practices around information requests, both of which have been reflected in this commitment’s potential impact assessment. A more transformative commitment would be to adopt the Open Data Charter principles[Note150: Open Data Charter, https://opendatacharter.net/%5D to improve existing open data policy and management and create opportunities for civic participation in the development and implementation of open data policy.

Completion

Between December 2016 and December 2017 it was uncertain who the coordinator of the Open Data Portal was, and a decision on this is still pending. The State Chancellery became the main coordinator of OGP activities in December 2016, however, the E-Government Center remained responsible for the management and maintenance of the portal. At the time of writing, no institution is monitoring the open data published on the Open Data Portal. Additionally, the list of government authorities responsible for posting data on the portal was not updated after the government reorganization in 2017, possibly hindering implementation. Overall, completion is limited.

The publication of geospatial data on geoportal.md is limited (3.5). The Agency for Land Relations and Cadastre is currently developing the catalog of geospatial open data, with plans to launch in mid-2018, and is transferring the current geospatial data platform, geoportal.md, to a new platform, developed according to the EU’s Inspire standards.[Note151: European Commission, Inspire Knowledge Base, https://inspire.ec.europa.eu/%5D Once launched, all public institutions[Note152: According to the Agency for Land Relations and Cadastre, civil society and private institutions will also create geospatial data in the future.] in charge of developing geospatial data will continuously update data in this catalog in order to avoid duplicate information and promote effective access to information. However, in 2017 several Government Decisions were adopted to support the implementation of the national spatial data infrastructure (NSDI) law no. 254 of 17 November 2016.[Note153: Government Decision no. 737 of 15 September 2017 on approving the Regulations of norms for creation spatial data services and terms of implementation; Government Decision Nr. 738 of 15 September 2017 on approving the Regulations of norms for creating and updating the metadata for spatial data sets and services; Government Decision Nr. 458 of 22 June 2017 on responsibilities of public entities on spatial data sets; Government Decision Nr. 459 of 22 June 2017 on Council of national spatial data infrastructure] This legislative framework will allow the development and implementation of NSDI in the Republic of Moldova.

The IRM researcher has verified that the National Regulatory Agency for Electronic Communications and Information Technology has fully published and updated the four datasets (as indicated in the action plan) on data.gov.md (3.6).

The Ministry of Economy (MoE) and the Ministry of Foreign Affairs and European Integration (MFA) have not started the implementation of this commitment activity (3.7). Although MFA published implementation reports on the Association Agreement[Note154: Ministry of Foreign Affairs and European Integration, http://www.mfa.gov.md/rapoarte-aa/%5D, the ministries have not posted any relevant data in open format on data.gov.md.

The Ministry of Culture was responsible for publishing 10 open datasets on the culture sector on data.gov.md (3.8); however, the IRM researcher was unable to track the activity of the institution after it was integrated with the Ministry of Education and Research in the summer of 2017. Furthermore, the datasets are not currently available on the open data portal.

The Agency for the Law Courts Management[Note155: The Ministry of Justice is indicated in the action plan as the implementing agency for this sub-commitment, however the Agency for the Law Courts Management was indicated by the Ministry as the responsible entity. This has been indicated to the IRM researcher through personal communication with D.Pocitar-Poparcea (Ministry of Justice) on 15 January 2018.] has made progress to improve the National Portal of Law Courts (3.9). The portal is now aligned with the Law no.76 on the reorganization of the law courts, thereby reducing the number of law courts portals from 44 to 15 webpages.[Note156: Action plan implementation report, provided by email from the Ministry of Justice, 13 December 2017.] According to the Government, in 2017 the National Portal of Law Courts was also adjusted to the provisions of art. 56.2 par. (3) of the Law no. 514 of 6 July 1995 on judicial organization and legislation on the protection of personal data. In this respect, the search criteria for court judgments placed on the web pages of the courts of law and courts of appeal were updated, adding five basic filters (case number, date of issuance, case name, case topic, and type [criminal, civil, administrative]). Also, a separate search function for court sentences was added by aligning the court portal to the provisions of the regulation on the way in which judgments are published on the single portal of courts, approved by the Decision of the Superior Council of Magistracy no. 432/19 of 21 June 2016. However, due to the vague formulation of this commitment activity, it is unclear what is meant by 'relevant user and legal propositions'[Note157: Moldova National Action Plan 2016-2018, https://www.opengovpartnership.org/documents/moldova-national-action-plan-2016-2018%5D and IRM cannot assess the level of progress due to the lack of a baseline in the action plan.

The self-assessment states that between 13 and 17 September 2017 MiLab organized an Open Data School and consulted a community of journalists and civic activists to identify their open data needs (3.10).[Note158: Government of the Republic of Moldova, Self-Assessment report, https://www.opengovpartnership.org/sites/default/files/Moldova_Mid-Term-Self-Assessment_2016-2018_EN.pdf%5D However, the relevance of the resulting published articles to the activity’s objective is unclear. The MiLab representatives were not aware of any other planned consultations on this topic, besides the Open Data School, and described it not as a consultation exercise per se but a capacity building one.[Note159: MiLab team (I. Frunza, M.Gurghis, D.Belan), group interview, 19 December 2017.] Without more information on the planned public consultations, the IRM researcher is unable to assess this activity’s completion higher than limited. The Government has however organized several events relevant for this commitment in 2018, which will be reflected in the end-of-term report.

In 2017, according to the self-assessment, 978 datasets were published by 48 public authorities (3.11). The number of datasets referenced is likely the cumulative number of datasets published at the time of writing, and not the specific number published within the timeframe of this commitment. According to the Open Data Portal, 28 new datasets were published and 198 datasets were updated in 2017. Since the action plan did not indicate specific datasets, or a target number of datasets to open and update, the IRM researcher was unable to assess if any progress has been made.

At the time of writing, the State Chancellery has not begun implementing this commitment activity (3.12). According to the date.gov.md statistics, the State Chancellery did not post any datasets in 2017 using the PlanPro[Note160: The PlanPro monitoring tool, http://www.monitorizare.gov.md] monitoring tool. The government has however published a report on its 2016 activity on the official webpage of the Government of the Republic of Moldova. The report contains general information on the national action plans.[Note161: https://gov.md/ro/content/premierul-pavel-filip-avand-o-directie-clara-si-lucrand-cu-seriozitate-republica-moldova?status=2%5D

Next Steps

This commitment’s implementation should be continued in the remaining period of the action plan cycle. If carried forward into the next action plan, however, the IRM researcher suggests the government modify this commitment based on the following recommendations:

· Open datasets based on user demand and not only on the priorities of the governmental agencies. To ensure users’ open data and information needs are being identified, the government should consider organizing consultations and communication mechanisms with data users.

· Establish a point of contact at the State Chancellery with the specific role of providing support for data users, allowing them to report central public authorities that refuse to disclose government-held public information without justification or with false justification. Additionally, the government should establish a mechanism through which these cases can be resolved.

· Improve the efficiency of processing public information requests by eliminating the requirement for written requests for public information (versus requests by phone or email).

· Consider releasing all data 'free of charge'[Note162: Open Data Charter Principles, https://opendatacharter.net/principles/%5D in accordance with the Open Data Charter principle.

· Clarify the exact responsibilities of each entity involved in the coordination of open data policy. Ensuring a de facto monitoring of the open data initiative would hold central public authorities accountable. The government institutions responsible for the publishing of specific open datasets should provide a detailed timeline.

· Include civil society engagement and public debate before and during the drafting of laws and policies to implement the Association Agreement, and encourage civil society and independent experts to utilize open data to monitor implementation.


Moldova's Commitments

  1. Access to Information and Open Data

    MD0069, 2018, Capacity Building

  2. Budget Transparency and Public Procurement

    MD0070, 2018, E-Government

  3. Civil Society Collaboration

    MD0071, 2018, E-Government

  4. Diaspora Participation

    MD0072, 2018, E-Government

  5. Accountability Mechanism

    MD0073, 2018, Audits and Controls

  6. Public Service Delivery

    MD0074, 2018, Capacity Building

  7. Increase Public Procurement Transparency

    MD0061, 2016, E-Government

  8. Increase Knowledge of Public Procurement Process

    MD0062, 2016, Capacity Building

  9. Ensure Budgetary Transparency

    MD0063, 2016, E-Government

  10. Open Data in Education Sector

    MD0064, 2016, E-Government

  11. Publish Government-Held Open Data

    MD0065, 2016, E-Government

  12. Participative Policy-Making Process

    MD0066, 2016, E-Government

  13. Public Sector Evaluation

    MD0067, 2016, Public Participation

  14. Ensure Quality of Service Delivery

    MD0068, 2016, Capacity Building

  15. Improving the Government Open Data Portal

    MD0048, 2014, E-Government

  16. Setting up an Action Plan for Open Data

    MD0049, 2014, Legislation & Regulation

  17. Setting up Guidelines for Publishing Open Data.

    MD0050, 2014, Open Data

  18. Raising Awareness Among Civil Servants.

    MD0051, 2014, Legislation & Regulation

  19. Civil Servant Training

    MD0052, 2014, Capacity Building

  20. Government Email System

    MD0053, 2014, E-Government

  21. Auditing Public Websites

    MD0054, 2014, Audits and Controls

  22. Evaluating e-Petition Requirements.

    MD0055, 2014, E-Government

  23. Fostering Transparency at the Local Level.

    MD0056, 2014, E-Government

  24. Improving Communication at the Local Level.

    MD0057, 2014, E-Government

  25. Adopting New Public Consultations Principles.

    MD0058, 2014, Legislation & Regulation

  26. Training Civil Servants for Improved Communication

    MD0059, 2014, Capacity Building

  27. Improving Online Participation Platform

    MD0060, 2014, E-Government

  28. Strengthening the Enforcement of the Regulation on Transparency

    MD0001, 2012, E-Government

  29. Semestrial Progress Reports on Transparency in Decision Making

    MD0002, 2012, E-Government

  30. Update the Module "Decision Making Transparency" on the Websites of the Central Public Authorities

    MD0003, 2012, E-Government

  31. Publish Environmental Open Data on Central Public Authorities Websites

    MD0004, 2012, Environment and Climate

  32. Develop Methodological Guide

    MD0005, 2012, Environment and Climate

  33. Amendment Regulation

    MD0006, 2012, E-Government

  34. Mandatory Use of Government e-Mail Account Electronic (Gov.Md)

    MD0007, 2012, E-Government

  35. Annual Report on Public Sector Information

    MD0008, 2012, Legislation & Regulation

  36. Post Information on Draft Policies and Legislations on Www.Particip.Gov.Md

    MD0009, 2012, E-Government

  37. Development of an Online Petition Portal

    MD0010, 2012,

  38. Starred commitment Draft the Law on Public Sector Information Reuse

    MD0011, 2012, Right to Information

  39. Develop Institutional Regulations for Collecting, Archiving and Publication of Data in Digital Format in Line with National Standards

    MD0012, 2012,

  40. Developing the Public Procurement Application

    MD0013, 2012,

  41. Starred commitment Drafting the Government Decision on Implementation of Law on Public Sector Information Reuse

    MD0014, 2012,

  42. Opening Priority Data

    MD0015, 2012,

  43. Publishing the Open Government Data Catalogue

    MD0016, 2012,

  44. Expanding Government Data Portal (Www.Date.Gov.Md)

    MD0017, 2012, E-Government

  45. Mapping the Location of Public Institutions

    MD0018, 2012, E-Government

  46. Develop Applications to Launch of the Innovative Applications Development Contest

    MD0019, 2012,

  47. Implementation of Selected Apps

    MD0020, 2012,

  48. Develop National Standards for Collecting, Archiving and Publication of Data in Digital Format

    MD0021, 2012,

  49. Amend Law No. 1264- XV to Make Income and Property Declarations of Senior Officials, Judges, Prosecutors, and Civil Servants, Public

    MD0022, 2012,

  50. Develop an Online Automated Information System for Public Officials to File Income Statement

    MD0023, 2012,

  51. Develop Guidelines for Using Social Media in the Public Sector

    MD0024, 2012,

  52. Harmonize Public Relations and Communication Strategy with the Guidelines on Using Social Media

    MD0025, 2012, Capacity Building

  53. Government Presence in Social Media

    MD0026, 2012, Capacity Building

  54. Social Media in Government Training

    MD0027, 2012, Capacity Building

  55. Develop Regulation

    MD0028, 2012,

  56. Publish Documents

    MD0029, 2012, E-Government

  57. Publish Projects, Plans and Budget Proposals on Websites of Authorities

    MD0030, 2012,

  58. Starred commitment Publish Real-Time Information on State Budget Execution

    MD0031, 2012,

  59. Update Annual Database on Public Spending (BOOST) and Publish Data for 2011

    MD0032, 2012,

  60. Publish Online Realtime Income and Expenditures of Central Public Authorities

    MD0033, 2012,

  61. Opening up Data and Providing Quarterly Updates on External Assistance

    MD0034, 2012,

  62. Create an Internal Integrated Information System for Collecting Information on External Assistance

    MD0035, 2012,

  63. Develop and Launch an External Web Application to Monitor Flow of External Assistance

    MD0036, 2012,

  64. Transparent Information on Public Procurement

    MD0037, 2012,

  65. Starred commitment Develop and Launch the Electronic Information System

    MD0038, 2012,

  66. Establish a Procurement Agency Assistance Center

    MD0039, 2012,

  67. Train Public Offcials

    MD0040, 2012, Capacity Building

  68. Develop Indicators and Statistical Methodology for Transparency in e-Procurement Systems

    MD0041, 2012,

  69. Starred commitment Amend Electronic Procurement Law

    MD0042, 2012,

  70. Draft and Approve List of Public Services

    MD0043, 2012,

  71. Develop and Implement Quality Standards

    MD0044, 2012,

  72. Digitize Public Service Gradually

    MD0045, 2012,

  73. Starred commitment Human Resources Management System

    MD0046, 2012,

  74. Innovative IT Tools for Primary and Secondary Education System

    MD0047, 2012,