Open Data Policy Draft

UNITED REPUBLIC OF TANZANIA

Open Data Policy Draft

February, 2016

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TABLE OF CONTENT

TABLE OF CONTENT...................................................................................................... i

ABBREVIATIONS......................................................................................................... iv

DEFINITON OF KEY TERMS/GLOSSARY ......................................................................... v

FOREWORD - CONSULTATION ON SUBMISSION MINISTRY ......................................... vi

CHAPTER ONE INTRODUCTION .................................................................................... 1

1.1 Historical Background ...................................................................................................1

1.2 Situation Analysis .........................................................................................................3

1.2.1 Leadership .................................................................................................................. 3

1.2.2 National Technology and Skills Infrastructure .......................................................... 4

1.2.3 Government Data ...................................................................................................... 5

1.2.4 Demand For Data And Engagement With User Communities .................................. 5

1.2.5 Institutional Framework ............................................................................................ 6

1.2.6 Financing ................................................................................................................... 6

1.2.7 Policy and Legal Framework ...................................................................................... 7

1.3 Challenges ....................................................................................................................8

CHAPTER TWO ............................................................................................................ 8

RATIONALE, VISION, MISSION ANDOBJECTIVES OF THE POLICY ................................... 8

2.1 Rationale of the Policy ................................................................................................9

2.2 Vision and Mission of the Policy ...................................................................................9

2.2.1 Vision ............................................................................................................................. 9

2.2.2 Mission ........................................................................................................................... 9

2.3 Objective of the Policy ............................................................................................... 10

2.3.1 General Objective ........................................................................................................ 10

2.3.2 Specific Objectives ....................................................................................................... 10

CHAPTER THREE ........................................................................................................ 11

POLICY ISSUES AND POLICY STATEMENTS.................................................................. 11

3.1 Public Institutions Capacity in Managing Open Data .................................................... 11

3.1.1 Policy Issue ................................................................................................................... 11

3.1.2 Policy Objective ........................................................................................................... 11

3.1.3 Policy Statements ........................................................................................................ 11

3.2 Access, Use and Re-Use of Government Data .............................................................. 11

3.2.1 Policy Issue ................................................................................................................... 11



3.3 Open Data By Default ................................................................................................ 12

3.3.1 Policy Issue ....................................................................................................................... 12

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3.3.2 Policy Objective .......................................................................................................... 12


3.4 Quality of Government Data ....................................................................................... 12

3.4.1 Policy Issue: .................................................................................................................. 12



3.5. Institutional Framework ............................................................................................ 13

3.5.1 Policy Issue: .................................................................................................................. 13



3.6 Policy and Legal Framework........................................................................................ 13

3.6.1 Policy Issue: .................................................................................................................. 13



3.7 Financing ................................................................................................................... 14

3.7.1 Policy Issue: .................................................................................................................. 14

3.7.2 Policy Objective .......................................................................................................... 14


3.8 National Technology and Skills Infrastructure .............................................................. 14

3.8.1 Policy Issue: .................................................................................................................. 14



3.9 Crosscutting Policy Issues ........................................................................................... 15

3.9.1 Public Private Partnership (Ppp) .................................................................................. 15

3.9.1.1 Policy Issue ................................................................................................................ 15

3.9.1.2 Policy Objective ........................................................................................................ 16

3.9.1.3 Policy Statement ....................................................................................................... 16

3.10 Decentralisation By Devolution (D By D) ...................................................................... 16

3.10.1 Policy Issue ................................................................................................................. 16

3.10.2 Policy Objective ......................................................................................................... 16

3.10.3 Policy Statement ........................................................................................................ 16

CHAPTER FOUR ......................................................................................................... 17

LEGAL FRAMEWORK ................................................................................................. 17

CHAPTER FIVE ........................................................................................................... 18

INSTITUTIONAL, MONITORING AND EVALUATION FRAMEWORK ............................... 18

5.1 Institutional Framework ............................................................................................. 18

5.1.1 Ministry Responsible for Government Open Data ...................................................... 18

5.1.2 National Bureau for Statistics (NBS) ............................................................................ 18

5.1.3 Records And Archives Management Department ....................................................... 18

5.1.4 e-Government Agency; ................................................................................................ 18

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5.1.5 Tanzania Information Services (MAELEZO); ................................................................ 19

5.1.6 Public Institutions ........................................................................................................ 19

5.2 Policy Monitoring and Evaluation Framework ............................................................. 19

5.2.1 Monitoring ................................................................................................................... 19

5.2.2 Evaluation .................................................................................................................... 19

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ABBREVIATIONS

D-by-D - Decentralization by Devolution

eGA - e-Government Agency

GCU - Government Communication Unit

GIS - Geographical Information System

ICT - Information, Communication and Technology

LGAs - Local Government Authorities

LGRP - Local Government Reform Program

LSRP - Legal Sector Reform Program

MDAs - Ministries, Departments and Agencies

NACSAP - National Anti-corruption Strategy and Action Plan

NBS - National Bureau of Statistics

NECTA - National Examination Council of Tanzania

NFGG - National Framework for Good Governance

NIDA - National Identity Authority

ODRA - Open Data Readiness Assessment

OGP - Open Government Partnership

PFMRP - Public Financial Management Reform Program

PPP - Public Private Partnership

PSRP - Public Service Reform Program

RITA - Registration, Insolvency and Trustsheep Agency

TCRA - Tanzania Communications Regulatory Authority

TRA - Tanzania Revenue Authority

TSED - Tanzania Socio-Economic Database

PESTEL - Political, Economical, Social, Technological and

Legal Framework

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DEFINITON OF KEY TERMS/GLOSSARY

TERM DEFINITION

Data The representation of facts, concepts or instructions in a formalised (consistent

and agreed) manner suitable for communication, interpretation or processing

by human or automatic means.

Unprocessed atomic statements of fact. It very often refers to systematic

collections of numerical information in tables of numbers such as spreadsheets

or databases.

The quantities, characters, or symbols on which operations are performed by

a computer, which may be stored and transmitted in the form of electrical

signals and recorded on magnetic, optical, or mechanical recording media.

Data

Management

The development, execution and supervision of plans, policies, programs and

practices that control, protect, deliver and enhance the value of data and

information assets.

The policies, procedures, and technical choices used to handle data through its

entire lifecycle from data collection to storage, preservation, and use.

Datasets

Collection of data presented in a tabular or non tabular form

Government

data

Data produced or commissioned by government institution

Government

information

information created, collected, processed, disseminated, or disposed of, by or

for the Government

Information Any collection of Data that is processed, analysed, interpreted, classified or

communicated in order to serve a useful purpose, present fact(s) or represent

knowledge in any medium or form.

Machine

readable

Data in a format that can be automatically read and processed by a computer

such as CSV, XLS,JSON and XML.

Open Data Data in machine-readable format that is publicly available under an “open”

license that ensures it can be freely used, reused, redistributed by anyone for

any legal purpose.

Open Data

Ecosystem

An approach to Open Data that focuses not only on data but on the larger

environment for Open Data use—its “ecosystem”—including other key

dimensions like leadership, policy/legal framework, institutions,

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TERM DEFINITION

infrastructure and the state of user communities (like developers, universities,

private sector).

Open Data

Portal

A national web based platform that aggregates open data catalogue for

government agencies which the public could quickly and efficiently access

data of interest

FOREWORD - CONSULTATION ON SUBMISSION MINISTRY

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CHAPTER ONE

INTRODUCTION

1.1 Historical Background

The world is experiencing the growth of a global movement on data innovations

facilitated by information technology and the demand of the public to access government

data. Access to data facilitates both individuals, the private sector as well and the general

public to acquire new insights and innovations for improved service delivery and

livelihood of the people. The technology provides an unprecedented opportunity to

enhance good governance- accountability, transparency, efficiency and effectiveness of

the government.

It will be recalled that since independence the Government of Tanzania has taken various

initiatives towards realization of accountability, transparency and efficiency. Among the

notable initiatives include: the Arusha Declaration, Decentralization Policy,

establishment of oversight institutions-Public Procurement Regulatory Authority

(PPRA), Prevention and Combating Corruption Bureau (PCCB), Controller and Auditor

General (CAG); Parliamentary Committees, the Good Governance and Human Rights

Commission (GGHRC) and Ethics Secretariat.

Other initiatives include establishment of Government Communication Units (GCUs) in

public institutions, Wananchi and Government Portals, Clients Service Charter and

Complaint Handling Mechanism. The Government also has been releasing for public

access and discussion publications and reports such as Quarterly Budget Executions,

Public Expenditure Reviews, Annual Citizen Budget and CAG’s annual audit of

government expenditures.

These efforts go in line with the implementation of several key and cross-cutting

government reforms to improve on good governance and service delivery through

realization of the aspirations of Vision 2025, Millennium Development Goals (MDGs)

and National Strategy for Growth and Poverty Reduction (NSGPR) also known as

MKUKUTA. Such reforms are: the Public Service Reform Program (PSRP), the Local

Government Reform Program (LGRP), the Legal Sector Reform Program (LSRP), the

Public Financial Management Reform Program (PFMRP), the National Anti-Corruption

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Strategy and Action Plan (NACSAP) and implementation frameworks through Big

Results Now (BRN).

Moreover, as part of strengthening good governance and making Government business

more open to its citizens, Tanzania has joined regional initiatives such as the African

Peer Review Mechanism (APRM) in 2004 and international initiatives such as the Open

Government Partnership (OGP) in 2011. OGP in particular, has four (4) key principles

of good governance namely– Transparency, Citizen Participation, Accountability and

Integrity, Technology and Innovation that are to be observed by member countries

through their own national action plans.

In order to realise the OGP principles, the Government of Tanzania developed a number

of Action Plans. The first Plan was implemented in 2012/13 covering twenty five

commitments implemented in three main sectors–education, health and water. The

second Plan 2014-2016 focuses on commitments related to Access to Information, Open

Budget, Open Data, Extractive Industry and Land Transparency. The commitment on

Open Data was to establish a strong Open Data system and practices aimed at

empowering the public to hold the government accountable.

Despite a litany of the initiatives undertaken by the Government towards attain high

quality of lives for its people; there are challenges that need to be addressed. These

include, but not limited to: access to government data in a simplified manner and

machine readable format to enable use and re-use of data and absence of harmonized

regulations, procedures and strategies to manage and release such data.

This calls for a comprehensive policy that will guide public institutions in production

and releasing of data. Taking advantage of the plight of information and communication

technology, the Policy will provide directives, guidelines, and uniformity in

implementing Open Data initiatives in Tanzania.

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1.2 Situation Analysis

Open Data initiative is a new concept to Tanzania, which sets a new prospect and

possibility for the government to improve its service delivery in a more transparent and

accountable manner. The assessment of the current situation herein below provides the

case for change towards formulating a policy guide for Tanzania to benefit from the new

concept and its dynamics.

In 2013 the Government of Tanzania conducted the Open Data Readiness Assessment

(ODRA) to scan the situation and set the baseline for the implementation of Open Data

initiative in the country. The assessment based on the ‘Eco-system’ approach which has

eight criteria considered essential for an Open Data initiative success has provided major

thrust in the formulation of this policy.

The assessment criteria are: leadership, national technology and skills infrastructure,

demand for data, government data, instructional framework, financing, policy and legal

framework. Based on the ODRA criteria and other recent dimensions in the socio-

economic and political advancement of the country, a critical situation analysis below

informed the policy objectives and statements.

1.2.1 Leadership

According to the ecosystem approach, leadership is the most critical success factor for

Open Data agenda. It is essential that top leaders publicly demonstrate their commitment

to the agenda and keep public institutions accountable for its implementation. It is

equally important that Open Data champions are groomed across the public institutions.

Findings from ODRA revealed that the Government has committed to major national

objectives that create a solid political and policy foundation for building a high-impact

Open Data initiative. This is evidenced by the commitment of the country through

joining the OPG in 2011.

On Top of that, the government affirmed high level commitment to the OGP ideals

through remarks made by H.E, President of United Republic of Tanzania at the OGP

fore on 20th April, 2012 in Brasilia, Brazil and in London, October 2013 respectively.

The commitment has been reinvigorated by the 5th Phase Government through its party

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manifesto 2015-2020 and through the speech of H.E President John Pombe Magufuli

during inauguration of the 11th National Assembly on 20th November, 2015 where he

emphasized on the virtues accountability, transparency and openness as prerequisites for

improved service delivery. However, wider leadership on Open Data across the wider

public institutions has not yet developed hence the need for capacity building and

awareness.

1.2.2 National Technology and Skills Infrastructure

Technological infrastructure provides a platform for accessing, sharing, analysing and

usage of data. The infrastructure that includes availability of physical communication

networks, devices, ICT skills (for both technical and non-technical users), internet access

and affordability increases the chances of success to Open Data initiatives.

Government has made substantial investments in the ICT infrastructure and technical

training for its public servants. There is significant development of skills on managing

and using ICT systems. Several Higher Education Institutions are also in place with full

Faculties of Innovation and Technology thus producing a large number of graduates with

ICT technical know-how.

The Public Private Partnership (PPP) arrangements have also offered opportunities for

engagement and collaboration in sharing infrastructure to minimize costs through

duplication of resources. Such collaborations include investment; development and

installation of the National Fibre Optic Backbone implemented throughout the country

to lower the costs of communication and increase coverage.

On the other hand, mobile phone operators have helped to increase access to internet by

providing wide range of internet bundles for various usages. Overall mobile penetration

in Tanzania is considered high at around 60% of the population (as of December 2012).

According to TCRA, mobile subscription has increased from 27,395,650 in December

2012 to 35,920,090 by September 2015. Some public institutions have used these

opportunities to migrate to e-Services, including mobile phone-enabled billing systems.

Efforts are also directed at harmonizing different Government systems under various

public institutions to be able to share infrastructure, data and other resources. Despite

these achievements the internet coverage is still limited to urban areas and is unreliable

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especially in rural areas which could hinder success of Open Data Initiatives across the

country.

1.2.3 Government Data

Public institutions generate different types of data as part of daily activities; such data

are valuable for social economic development. The availability of data is the key to the

identification of development opportunities and policy decision making when are easily

accessed, shared and re-used. Therefore, opening up government data by default allows

proactive use of resources encourages innovation and creates accountability for

economic growth.

According to the ODRA findings, Tanzania has made a specific OGP commitment to

publish social and economic data. Ministries have a clear understanding of their data

assets and have their own Management Information Systems (MIS) that enable them to

have some degree of visibility into their data assets. However, the quality of data

(planning, collection, processing, analysis and storage), standards, coding systems and

the capacity to conduct inspections or other verification mechanisms is a concern.

The government through public institutions has been producing massive data which are

useful for the social economic development of the country. In order to make sure that

these data are accessed to the public, the Government has established various

mechanisms of releasing government data to the public such as websites, databases,

notice boards, exhibitions and the media. However, most of the data are not in a machine

readable format that can facilitate accessibility, usability and re-usability. In addition to

that there is no one stop center that the public can access the government information.

1.2.4 Demand For Data And Engagement With User Communities

Demand for data and engagement with user communities are vital for enhancing

innovation. While releasing machine-readable data is crucial, engagement of the user

community is of importance. Increasing the level of awareness on Open Data is of

particular interest to public institutions, Non State Actors (NSA), technologist and the

media. The Government must therefore communicate about opportunities created by

Open Data. ODRA report indicated that there is a large demand for data within and

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outside the government. However, data users face challenges to access the data due to

existing access procedures from public institutions.

1.2.5 Institutional Framework

Institutional arrangement is one of the key factors on the success of Open Data

implementation. This is based on where the lead institution is located, its capacity and

preparedness in managing Open Data initiatives. Lack of clear institutional framework

is one of the causes of failures. Findings from ODRA report revealed that there is no

clear location of lead institution for the Open Data agenda. Currently there are

institutions like National Bureau of Statistics (NBS), e-Government Agency (eGA), The

Records and Archives Management Department (RAMD), Tanzania Information

Services and the rest of public institution having different mandates on the management

of Open Data.

In order to address this gap, the Chief Secretary Circular No. 2 of 2015 on Open Data

established an interim institutional arrangement. The National Bureau of Statistics

(NBS) is responsible for coordinating official Statistics and managing Open Data Portal

content; e-Government Agency (eGA) was mandated with developing and maintenance

of the Open Data portal and provision of technical support to public institutions;

The Records and Archives Management Department is responsible for coordinating data

classification and verification; and Tanzania Information Services was given

responsibilities of raising awareness on Open Data Initiatives. However, despite the

current interim institution arrangement, there is no overall lead institution with policy

mandate to coordinate the implementation of Open Data initiatives.

1.2.6 Financing

Implementations of Open Data initiatives need adequate financial resources for

collecting, curating, maintaining and updating the data. The essence of financing is

premised on the fact that the Open Data will be available electronically free of charge

for use and re-use. However, in exceptional circumstances, some data may be available

at marginal cost of distribution.

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Despite the importance of Open Data agenda the government has not internalized these

initiatives in its operational budgets. The success of Open Data implementation will

thus depend on adequate funding from both the government and private sector.

1.2.7 Policy and Legal Framework

Existing government policies and legal frameworks can act as enabling or impeding

factors for the implementation of Open Data initiatives. Therefore policies, laws and

regulations pertaining to access, use and re-use of government data, copyright and

statistics, as well as policies related to the charging for government data need to be

reviewed. In order to reduce the possibilities of conflict of interest with existing policies

(National ICT Policy, 2003; National Records and Archives Management Policy, 2010;

Information and Broadcasting Policy, 2003) and diversity of laws, it is essential that,

Open Data initiatives work within, and leverage on an enhanced existing policy and legal

framework.

The current framework unveils a scattered legal framework. The right to seek and receive

and disseminate information, and the right to be informed are guaranteed under Article

18 of the Constitution of the United Republic of Tanzania, 1977, CAP. 2 [R.E. 2002].

The Records and Archives Management Act, of 2002 vests the administration and

management of public records and archives to the Records and Archives Management

Department. The Act further restricts access of information that is classified as

confidential or secret on grounds of national security, maintenance of public order;

safeguarding the revenue or protection of personal privacy.

On the same grounds, the National Security Act, CAP. 47 [R.E. 2002] prohibits the

disclosure of public information and The Statistics Act, No.9 of 2015 apart from

establishing NBS as an agency responsible for production, coordination, supervision,

and dissemination of official statistics, the institution solely mandated with policy and

legal prerogatives to disclose statistical records solely for research or statistical purposes

and third party are restricted to share such information.

There are also other existing laws that affect access, use, and re- use of data, and these

include: Copyright and Neighboring Rights Act, CAP. 217 [R.E. 2002], Tanzania

Extractive Industries (Transparency and Accountability), No. 16 of 2015, Oil and Gas

Revenue Management Act, No. 22 of 2015, the Petroleum Act, No. 8 of 2015 and

Electronic Transaction Act, 2015. Despite of the elevated constitutional guarantees and

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basic policies and laws, there is no specific policy and harmonized legal framework to

regulate access, use and re-use of government data.

1.3 Challenges

The situational analysis aforementioned has focused on both on the eight criteria

according to the Eco-System approach in Open Data as well as analysis of existing

environment in the country to scan the best scenario and gaps. From the analysis, the

following challenges that might hinder implementation of Open Data initiatives have

been highlighted:

i) Absence of Open Data policy.

ii) Absence of laws and regulations for Open Data.

iii) Low level of awareness on Open Data among public institutions and the public.

iv) Management Information Systems in the public institutions ar not interoperable.

v) Limited coverage of Management Information Systems (regional or district

centres).

vi) Unaffordable, limited and unreliable internet coverage.

vii) Inadequate sharing of ICT infrastructure among the public institutions and

private sector.

viii) Variations in data management and data ownership among public institutions.

ix) Data are not published in machine readable format.

x) Inadequate capacity of human resources implementing Open Data initiatives.

xi) Lack of Open Data governing structure within the implementing agencies.

xii) Absence and location of lead institution mandated with implementation of Open

Data initiatives.

xiii) Inadequate financial resources for implementation of Open Data initiatives.

CHAPTER TWO

RATIONALE, VISION, MISSION ANDOBJECTIVES OF THE

POLICY

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2.1 Rationale of the Policy

The Government in its daily undertakings produces a lot of data that are very crucial for

the social economic development of the country and empowerment of the citizenry.

Opening up government data is a key foundation for creating a knowledge based

economy and society. The availability of data freely and in machine readable formats

will allow use and re-use and promote transparency, accountability, citizen

empowerment to to improve public service delivery in one hand and to realize the larger

aspiration of the Vision 2025.

To attain the aspirations, the Government has established various mechanisms, tools and

legal frameworks for releasing data to the public. The mechanisms are websites, online

information systems and portals. Laws and regulations facilitating the arrangements

include National ICT policy (2003), The National Records and Archive Management

policy (2010), National Statistics Act, 2015, Electronic Transactions Act, 2015 , Cyber

Crime Act,2015 and National Security Act,1970.

Despite having these mechanisms, policies, laws and regulations the plight of ICT and

the increasingly demand for data has necessitated the government to adopt and adapt to

new ways of data management and disseminations. To address the aforementioned

challenges and the new demands, it is imperative to formulate this Open Data Policy, in

order to put in place the standards and guidelines for Open Data. The policy will also

provide an institutional and legal framework for Open Data management.

2.2 Vision and Mission of the Policy

This policy will have the following vision and mission.

2.2.1 Vision

Achieve and sustain economic growth and improved public service delivery in a

transparent and accountable manner.

2.2.2 Mission

To put in place an enabling environment for the public to access government data and

promote use and re-use of data through efficient and effective technology for socio-

economic development.

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2.3 Objective of the Policy

2.3.1 General Objective

The general objective of this policy is to provide guidance and framework on the

management of Government Open data and provide an institutional and legal framework

to improve public service delivery.

2.3.2 Specific Objectives

i) To enhance capacity of public institutions to manage open data

ii) To ensure access, use and re-use of government data

iii) To ensure quality of government data provided by public institutions

iv) To put in place an institutional framework to facilitate Open Data

v) To enhance policy and legal framework for implementation of Open Data

vi) To ensure adequate funds to facilitate Open Data initiatives

vii) To ensure government data are open by default

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CHAPTER THREE

POLICY ISSUES AND POLICY STATEMENTS

3.1 Public Institutions Capacity in Managing Open Data

3.1.1 Policy Issue

Open Data concept is a new phenomenon in government operations. Institutions will

need to be prepared in terms of awareness and capacity to manage the initiatives.

Currently, technical capacity and preparedness on Open Data among public institutions

are inadequate.

3.1.2 Policy Objective

To enhance capacity of public institutions to manage open data

3.1.3 Policy Statements

The government in collaboration with stakeholders shall:-

i) Increase Open Data literacy

ii) Facilitate public institutions with technical expertise on Open Data

initiatives

iii) Create awareness of Open Data to data providers and users

3.2 Access, Use and Re-Use of Government Data

3.2.1 Policy Issue

The Government produces broad range of data as part of its daily activities. The value

of data increases when easily accessed shared and re-used for any lawful purpose. The

Government of Tanzania has established mechanisms for releasing data to the public and

for different uses such as planning, decision making, innovation, and research for

development. These mechanisms include establishment of Government

Communications and ICT Units in Public institutions. Despite these efforts, there are

some barriers, which hinders accessibility, usage, and re-usability.


To enhance access, use and re-use of Government Data.

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The Government in collaboration with stakeholders shall;

i) Ensure Government Open Data are accessed and shared;

ii) Promote creativity and spur innovation on Open Data.

iii) Develop standards and guidelines and for access, use and re-use.

3.3 Open Data By Default

3.3.1 Policy Issue

The government recognises the importance of open its data to the public. Therefore the

government will ensure the data are Open by Default in considerations of privacy,

national security, protection of honour and reputation, public order and safety or other

confidentialities.


To ensure government data are open by default.



i) Ensure government data are published as Open Data

ii) Develop guideline for publishing open data by default

3.4 Quality of Government Data

3.4.1 Policy Issue:

The Government holds vast amount of data that are of interest to the public for social

economic development. Despite the government efforts to release the data to the Public,

some of the data are not in acceptable quality as per Open Data principles. Data

collection and management systems are also inefficient as well as challenges of

inadequate capacity and skills in terms of data processing and management.


To improve quality of data in public institutions to attain Open Data principles


i) Develop comprehensive data management systems in Public Institutions.

ii) Develop standards and guidelines to ensure data quality management.

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iii) Develop feedback mechanism for improved data quality

iv) Ensure comprehensive, accurate and timely release of open data.

3.5. Institutional Framework

3.5.1 Policy Issue:

Open Data implementation requires institution framework that is clear, well-functioning

coordinating body with policy mandates to oversee and coordinate Open Data

implementation. Institutions like NBS, eGA; RAMD and Tanzania Information Services

are all having different mandates on the management of Open Data. Despite the current

institutional arrangement, there is no overall lead institution with policy mandate of

Open Data initiatives.


To strengthen institutional framework for implementation of Open Data initiatives



i) Ensure a comprehensive institutional framework for implementation of Open

Data initiatives

ii) Establish a lead agency for the implementation Open Data –strategy-

iii) Prepare appropriate structures within public institutions to facilitate

implementation of Open Data- strategy

iv) Enhance policy capacities to manage Open Data implementation

3.6 Policy and Legal Framework

3.6.1 Policy Issue:

Global experiences show that a comprehensive legal and regulatory clarity is essential

for the implementation of Open Data initiatives. Clear policies and laws ensures that

public institutions follow consistent principles and guidelines on the release of data, use

a standard “open data” license and comply with security, privacy and technical standards

for open formats. Current legal framework establishes the basic foundation for Open

Data initiatives to flourish. However, there are no specific legislation setting out the rules

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and guidelines on access and re-use of government data, the existing legal framework is

limited on regulating the type and amount of data to be released.


To strengthen policy and legal framework for the implementation of Government Open

Data



i) Put in place an appropriate policy and legal framework.

ii) Enact new legislations and licenses relevant for Open Data.

iii) Develop a comprehensive regulatory framework for the implementation of

Government Open Data.

3.7 Financing

3.7.1 Policy Issue:

The success of the administration, implementation process and sustainability of Open

Data initiatives depends on the availability of adequate funds. Currently, respective

public institutions cover the costs of implementing Open Data initiatives. The

government has committed initial resources for the implementation of Open Data

initiatives; however, adequate financial resources are required to sustain the initiatives.


To ensure the availability of funds to facilitate Open Data initiatives


The government in collaboration with stakeholders shall;

i) Establish a funding mechanism for Open Data initiatives

ii) Ensure adequate funds allocated for Open Data implementation

3.8 National Technology and Skills Infrastructure

3.8.1 Policy Issue:

Technological infrastructure is a prerequisite for successful implementation of Open

Data initiatives. The Government in collaboration with Private Sector has made

substantial investments in building ICT infrastructure and building capacity for technical

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and non-technical users. Although there is strong base on ICT skills and infrastructure,

there is a minimal amount of shared infrastructure and systems among public institutions

and limited ICT skills to meet increasing demands for expertise and internet coverage is

concentrated in urban areas. All these require concerted efforts in order to successfully

implement Open Data Initiatives in the country.


To enhance ICT infrastructure and skills for Open Data within public institutions


The Government and other stakeholders shall:-

i) Develop and maintain one stop center for open data

ii) Ensure sharing of ICT infrastructure

iii) Promote system interoperability

iv) Enhance ICT skills for Open Data

v) Enhance internet Coverage across the country

3.9 Crosscutting Policy Issues

3.9.1 Public Private Partnership (Ppp)

3.9.1.1 Policy Issue

The private sector is one of the partners in socio-economic development in any country.

The United Nation e-Government Survey of 2014, noted that, Government in many parts

of the world are becoming more collaborative, open and transparent, innovative and

inclusive by engaging citizens, communities, NGOs and the private sector in devising

and implementing together solutions to the society’s challenges. In realizing the role of

private sector in economic development of the country, the Government of Tanzania has

formulated the Public Private Partnership Policy of 2009, and enacted the Public Private

Partnership Act of 2010 to facilitate collaboration and engagement of the sector.

Through this arrangement, the Government and Private sector have established

collaboration in development and sharing of ICT systems and infrastructures. For

example, the Private sector has partnered with the government in provision of e-services

such as billing payments, examination results, online applications and automatic

message notifications, researches as well as investments in ICT infrastructure and

building capacity for technical and non-technical users. The government can strengthen

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these collaborations and engagements to leverage on the existing and future Open Data

initiatives. The Government shall also encourage private sectors, Non State Actors

(NSAs) and Development Partners to open their data.

3.9.1.2 Policy Objective

To optimize the benefits accrued from the private sector on Open Data

3.9.1.3 Policy Statement

The Government shall:-

i) Promote collaboration PPP investments

ii) Enhance collaboration in research and development

iii) Create a platform for sharing of technical expertise and experience

iv) Encourage private sector, NSAs and Development Partners to open their data

3.10 Decentralisation By Devolution (D By D)

3.10.1 Policy Issue

Articles 145 and 146 of the Constitution of Tanzania of 1977 establishes the Local

Government Authorities (LGAs) and stipulates their functions that include the right and

power to participate and involve the people in planning and implementation of

development programs. The LGAs Acts CAP 287, 288 and CAP 290 mandates LGAs to

provide public services.

LGAs are the main source of government data demanded by stakeholders using different

systems. However, the systems used do not communicate (silos) which impair quality of

data, decision-making and services provided to the community. The capacity in terms

ICT skills and infrastructures is generally weak.


To strengthen capacity and harmonize systems for data management

3.10.3 Policy Statement

i) Enhance ICT capacities to manage the Open Data initiative at all levels (PO-

RALG, LGAs and Village)

ii) Ensure data management systems are interoperable.

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CHAPTER FOUR

LEGAL FRAMEWORK

The policy recognizes the existence of, and will comply and work in conjunction with

other policies which have taken on board issues related to the access, use and reuse of

government data and records, intellectual property, statistics and ICT. Such policies

include the National Records and Archives Management Policy, 2010 and National ICT

Policy, 2003.

The policy further recognizes that, in order to give effect to the policy objectives and

directions given herein, a comprehensive review of the existing legal framework need to

be conducted, and where appropriate, amendments or revisions of existing policies, laws

and procedures be proposed to ensure operability of Open Data initiative, ideals and

objectives stated herein and data management, release and re-use practices to ensure all

are consistency with the requirements in this policy.

In addition, the policy recognizes a need to enact new laws and regulations, including

those related to Right to Information, Privacy and Data Protection and other laws

relevant for the implementation of Open Government Data.

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CHAPTER FIVE

INSTITUTIONAL, MONITORING AND EVALUATION

FRAMEWORK

5.1 Institutional Framework

The implementation of Open Data Policy will involve all public institutions in

partnership, where relevant, with the private Sector, Civil Society Organisations,

Development Partners, academia and community at large. These actors need to be guided

by institutional framework that assigns roles and responsibilities to avoid duplication of

functions and resources. The distribution of roles and responsibilities will be as follows:-

5.1.1 Ministry Responsible for Government Open Data

The Ministry responsible for open Data shall oversee the implementation of this policy.

The Ministry will play a fundamental role of ensuring that the objectives set out in this

policy are achieved.

5.1.2 National Bureau for Statistics (NBS)

National Bureau for Statistics (NBS) will be the lead agency responsible for coordination

and management of Open Data initiative. The Bureau will coordinate public institutions

data uploading to and updating the Government Open Data Portal. NBS in collaboration

with eGA and RAMD will develop technical standards for Open Data that will be applied

by public institutions in preparation of Open Data.

5.1.3 Records And Archives Management Department

The Department will be responsible for vetting the contents of open data, coordinating

data classification, verification, and approve data that are open for uploading to the Open

Data Portal.

5.1.4 e-Government Agency;

The e-Government Agency (eGA) is responsible for developing and maintaining the

Open Data portal and provision of technical support to public institutions. The Agency

will also prepare specialised training programmes to public institutions implementing

Open Data initiatives to build capacity.

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5.1.5 Tanzania Information Services (MAELEZO);

The Department shall be responsible for raising awareness on Open Data

implementation and releasing other necessary information for public buy-in.

5.1.6 Public Institutions

Public institutions shall be responsible for producing datasets in agreed format and

quality for approval and uploading the approved data in the central Open Data portal.

Each institution shall also be responsible for updating the dataset on the Open Data portal

from time to time.

5.2 Policy Monitoring and Evaluation Framework

5.2.1 Monitoring

Open Data initiatives will be implemented from the institutional level. Every institution

shall prepare implementation reports according to the government reporting cycles.

5.2.2 Evaluation

Evaluation of the implementation of Open Data initiatives will be conducted in five (5)

years basis. There will be Open Data conference that will draw participants from

Government, Civil Societies Organisations, Private sector and Development partners.

The conference will be a platform for stakeholders sharing on the success and challenges

of implementing Open Data in the country and recommends for the better ways of

improvement.

Documents

Open Data Policy Draft