공공데이터 개방에 관한 유럽연합, 영국, 미국의 입법례와 국내 법제의 개선방향

The European Union has set guidelines for the reuse of public sector information and laid down minimum standards for open data. The United Kingdom has established rules under the EU Directive, but without implementing explicit statutes on public data policies beyond this standard, the United Kingdom’s administration implements relevant policies in the form of enforcement rules and so on. The United States is trying to legislate the so-called "Open Government Data Act" at the federal level, and substantial numbers of states and some local governments have stipulated in their legislation relevant open data policies, and considerable numbers of state courts have explicit rules for open data policies on court records. According to a recent OECD report, Korea has been ranked as a leading country in the public data open policy with the United Kingdom, France and the United States, and it has been recommended that the Internet access rights be raised up to the constitutional rights. Therefore, certain provisions for “guaranteeing the people’s rights to use public data” are required in open public data related laws. In this regard, the legislation of the European Union and the United Kingdom recognizes the public's right to appeal against a decision of refusal or suspension of provision of information rendered by public authorities to the extent that such rights are recognized under the existing freedom of information laws. The recent United States’ legislative bill of ‘OPEN Government Data Act’ mandates public agencies to ensure that the public can participate in the decision-making process for open public data, and to submit plans or guidelines to protect the public’s personal information. The comparison of Korean laws with the legislation of European Union, the United Kingdom, and the United States show that (i) in the Open Data Act, public data to be opened should be more clearly specified, (ii) the public’s right to use public date should be guaranteed in the way of specifying a provision that the public are induced to participate in the decision-making process for open public data, (iii) relevant provisions for protecting personal information should be made in detail, and (iv) it is necessary to stipulate courts’open data policies by making relevant explicit court rules.