This short translation is an excerpt from the proposal for the reorganization of the State Council submitted to the National People’s Congress, signed by Premier Li Keqiang on March 5, 2023. It is accompanied by an “explanation” attributed to State Councilor and General Secretary of the State Council Xiao Jie.
This translation includes the sections relevant to the establishment of a National Data Administration. It is based on a source document made available by NPC Observer.
From the reorganization plan
Translation
VIII. Establishing the National Data Administration.[1] Responsible for the coordination and advancement of building the data factor system; for overall planning of the integrated sharing and development and use[2] of data resources; for overall planning of the advancement of Digital China, digital economy, and digital society plans and construction, etc.; and managed by the National Development and Reform Commission.
Duties undertaken by the Office of the Central Commission for Cybersecurity and Informatization [i.e., the Cybersecurity Administration of China] such as researching and formulating a program for building a Digital China; coordinating the promotion of informatization in public services and social governance; coordinating the advancement of smart city construction; coordinating national important information resource development, use, and sharing; and advancing cross-industry and cross-department interlinkage and exchange of information resources; as well as duties of the National Development and Reform Commission such as overall planning for the advancement of digital economy development; organizing and implementing a national big data strategy; advancing the building of a basic system for data factors; and advancing the layout and construction of digital infrastructure; are to be assigned to the National Data Administration.
Chinese-language original
八、组建国家数据局。负责协调推进数据基础制度建设,统 筹数据资源整合共享和开发利用,统筹推进数字中国、数字经 济、数字社会规划和建设等,由国家发展和改革委员会管理。
将中央网络安全和信息化委员会办公室承担的研究拟订数字 中国建设方案、协调推动公共服务和社会治理信息化、协调促进 智慧城市建设、协调国家重要信息资源开发利用与共享、推动信 息资源跨行业跨部门互联互通等职责,国家发展和改革委员会承 担的统筹推进数字经济发展、组织实施国家大数据战略、推进数 据要素基础制度建设、推进数字基础设施布局建设等职责划入国家数据局。
From the 'explanation'
Translation
VIII. Establishing the National Data Administration. In today's society, information resources and the digital economy serve foundational functions in economic and social development. They are of great significance to building a new development pattern, building a modernized economic system, and constructing a superior new national competitiveness; it is imperative to strengthen the management, development, and use of data. Under the precondition of overall stability in the setup of data security, industrial data supervision, informatization development, building digital government, and other such active work; assembling the duties relevant to the integrated sharing, development and use of data resources; the National Data Administration is to be established as a national administration managed by the National Reform and Development Commission; to plan overall the advance the planning and building of a Digital China, the digital economy, and digital society. Duties undertaken by the Office of the Central Commission for Cybersecurity and Informatization such as research and formulation of a program for the building of a Digital China, coordinating the promotion of informatization in public services and social governance; coordinating the advancement of smart city construction; coordinating national important information resource development, use, and sharing; and advancing cross-industry and cross-department interlinkage and exchange of information resources; as well as duties undertaken by the National Development and Reform Commission such as overall planning for the advancement of digital economy development, organizing and implementing a national big data strategy, advancing the building of a basic system for data factors, and advancing the layout and construction of digital infrastructure; are to be assigned to the National Data Administration.
Chinese-language original
八、组建国家数据局。当今社会,数字资源、数字经济对经 济社会发展具有基础性作用,对于构建新发展格局、建设现代 化经济体系、构筑国家竞争新优势意义重大,必须加强对数据的管理、开发、利用。在保持数据安全、行业数据监管、信息化 发展、数字政府建设等现行工作格局总体稳定前提下,把数据资 源整合共享和开发利用方面的有关职责相对集中,组建国家数据 局,作为国家发展和改革委员会管理的国家局,负责协调推进数 据基础制度建设,统筹推进数字中国、数字经济、数字社会规划 和建设等。把中央网络安全和信息化委员会办公室承担的研究拟 订数字中国建设方案、协调推动公共服务和社会治理信息化、协 调促进智慧城市建设、协调国家重要信息资源开发利用与共享、 推动信息资源跨行业跨部门互联互通等职责,国家发展和改革委 员会承担的统筹推进数字经济发展、组织实施国家大数据战略、 推进数据要素基础制度建设、推进数字基础设施布局建设等职责 划入国家数据局。
Notes
[1] “国家数据局” is a three-part term. The first part can be translated “State” or “National,” the second is uncontroversially “Data,” and the third can be translated “Administration” or “Bureau.” Following the advice of Changhao Wei of Yale Law School and NPC Observer, I have adopted National Data Administration to match the entity’s likely official English name. For other such name comparisons see here.
[2] In the data context, DigiChina translates “开发利用” as “development and use” or, as in this document, renders development and use in a list with “sharing.” The term “development” carries the sense of developing or exploiting a natural resource, and some people translate it as “data exploitation and use.” See also our translation of the Data Security Law.