THE GOVERNOR
Title 4—ADMINISTRATION
[49 Pa.B. 4937]
[Saturday, August 31, 2019]
PART I. GOVERNOR'S OFFICE
[ 4 PA. CODE CH. 7a ]
[ EXECUTIVE ORDER NO. 2016-07 AS AMENDED ]
Open Data, Data Management and Data Governance July 24, 2019
Whereas, Commonwealth agencies under the Governor's jurisdiction (the ''Enterprise'') obtain, create, and store significant amounts of data; and
Whereas, these public stores of data have many potential public and private uses, including use as ''open data'' (i.e. publicly available data structured in a way that enables the data to be fully available and usable by end users); and
Whereas, data planning, development, investment, access and sharing efforts should be prioritized and coordinated across the Enterprise to maximize efficiency and cost effectiveness, and enhance existing information sharing and technology compatibility through standardization by means of Information Technology Policies and reduce expenditures for research and development; and
Whereas, private enterprises obtaining, creating and storing data have similar needs for efficiency and standardization, and can both benefit from and assist in these efforts; and
Whereas, it is essential that the Commonwealth utilize a central organization to govern, evaluate, coordinate, implement, and improve Enterprise data development, open data planning and cooperation, research, project prioritization, investment, and effectiveness; and
Whereas, The Administrative Code of 1929 (Act 1929-175, P.L. 177, as amended), at Sections 501 and 502 (71 P.S. §§ 181, 182), requires administrative departments and several independent and departmental administrative boards to coordinate their work and activities with other departments, boards, and commissions; and
Whereas, the confidentiality, security and privacy requirements associated with Commonwealth data and facilities must remain a priority in all open data, data governance and data development efforts; and
Whereas, the Commonwealth, in order to foster innovation, cooperation and transparency, should seek to share and/or provide access to all data, both internally and externally, whenever possible unless restricted by federal, state, or other statutes or regulations, or policies, standards or best practices that prohibit the sharing of specific data; and
Whereas, privacy and protection efforts must be prioritized and coordinated across the Enterprise and across Agencies under the Governor's jurisdiction to maximize the data privacy, privacy standardization, and to reduce the risk of unauthorized public exposure; and
Whereas, the privacy requirements associated with Commonwealth data and facilities must remain a priority in all data efforts.
Now, Therefore, I, Tom Wolf, Governor of the Commonwealth of Pennsylvania, by virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws, do hereby order and direct the Governor's Office of Administration as follows:
Governor
Fiscal Note: GOV-2016-07 (Amended). No fiscal impact; (8) recommends adoption.
Annex A
TITLE 4. ADMINISTRATION
PART I. GOVERNOR'S OFFICE
CHAPTER 7a. ADDITIONAL MISCELLANEOUS PROVISIONS
Subchapter N. OPEN DATA, DATA MANAGEMENT AND DATA GOVERNANCE § 7a.151. Powers and duties.
(a) The Governor's Office of Administration (OA) shall develop data priorities, strategic plans, direct data investments, procurements and policy for Commonwealth agencies under the Governor's jurisdiction (Enterprise). The Enterprise shall comply with direction from OA regarding the matters which are the subject of this subchapter. OA shall make decisions on behalf of the Enterprise regarding operational matters regarding open data, data governance, data protection, data development, data analytics, data sharing and other responsibilities within the scope of this subchapter.
(b) OA shall develop and facilitate the approach of the Enterprise to engagement with private and other public stakeholders on the matters which are the subject of this subchapter.
§ 7a.152. Responsibilities.
The Governor's Office of Administration (OA) shall be responsible for the following:
(a) Creating the position of a Chief Data Officer tasked with establishing and maintaining a master data management plan that will be made available to the public, updated annually and incorporates the following:
(b) Creating an advisory group (which should include, among others, agency Chief Information Officers, Information Security Officers, Data Stewards, architects, privacy officers, risk managers and legal representation) to advise OA, Office for Information Technology regarding overall data governance.
(c) Creating frameworks that include policies, processes and standards that adhere to commonly accepted principles and legal requirements for data governance, data development, and the quality, sourcing, use, access, content, ownership, licensing of relevant data and Enterprise data sharing.
(d) Creating a maintenance plan for the Enterprise Open Data Portal for the Enterprise and public access.
(e) Providing guidance to the Enterprise regarding the procurement and standardization of technologies and services related to the subject matter of this subchapter through the use of Information Technology Policies.
(f) Communicating with the public both by publishing Enterprise open data plans and policies and by soliciting or allowing for public input, or both, on the subject matter of this subchapter.
(g) Examining internally the Commonwealth data sets for business, confidentiality, privacy and security issues, and the reasonable mitigation of those issues, prior to the data's release for open data purposes.
(h) Developing and facilitating the approach of the Enterprise to engagement with private and other public stakeholders, including, but not limited to, arranging for and expediting data-sharing and data access agreements, such as Memoranda of Understanding, and encouraging and facilitating cooperation and substantive and administrative efficiencies.
(i) Prioritizing and coordinating data privacy and protection efforts across the Enterprise to maximize the privacy and protection of all data and to reduce the risk of public exposure of private or protected data.
(j) Identifying other potential areas of risk related to data storage, processing, access and sharing, and creating ways to manage that risk.
(k) Creating a framework for internal and external entities of the Enterprise to enable data access between citizen profiles and systems of record, data sharing, improve data portability and access, inventories, and analytics, and address barriers to implementing the framework.
§ 7a.153. Executive agencies.
Agencies under the Governor's jurisdiction shall provide assistance to and cooperate with Governor's Office of Administration (OA) as requested by OA in the pursuit of the matters which are the subject of this subchapter.
§ 7a.154. Independent agencies, State-affiliated entities and State-related entities.
Independent agencies, State-affiliated entities and State-related agencies are strongly encouraged to implement this subchapter.
§ 7a.155. Effective date.
This subchapter takes effect immediately.
§ 7a.156. Termination date.
This subchapter remains in effect unless revised or rescinded by the Governor.
[Pa.B. Doc. No. 19-1307. Filed for public inspection August 30, 2019, 9:00 a.m.]
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