Kerala Proactive Transparency and Open Data Bill

Problem statement

public data is not available

Proposed solution

publish the non PII data online.

Expected impact

Not added yet.

Draft bill text

**KERALA PROACTIVE TRANSPARENCY AND OPEN DATA BILL** **Preamble:** To promote transparency in governance by proactively publishing all non-Personally Identifiable Information (non-PII) related to government functioning, thereby reducing the need for individual Right to Information (RTI) requests and enhancing public access to official information, in accordance with data privacy and security principles. **Section 1: Short Title and Commencement** 1.1 This Act may be called the Kerala Proactive Transparency and Open Data Act, 2024. 1.2 It shall come into force on such date as the State Government may notify. **Section 2: Definitions** 2.1 "Non-Personally Identifiable Information (non-PII)" means any data that does not include information that can identify any individual directly or indirectly. 2.2 "Public Authority" means any authority or body established or constituted by or under the Constitution, any law made by the legislature, or any other instrument of the State Government. 2.3 "Open Data" means data made available for free public access, use, modification, and sharing, subject to applicable licenses. **Section 3: Proactive Disclosure of Non-PII** 3.1 All Public Authorities shall identify and publish non-PII datasets related to their functions, activities, decisions, and expenditures. 3.2 Such data shall be published in an accessible, machine-readable format on official government open data portals or websites, updated regularly as prescribed. 3.3 The categories of non-PII information to be proactively disclosed include, but are not limited to: a) Government budgets, expenditures, and financial reports; b) Procurement and contract data; c) Meeting minutes, decisions, and policy documents; d) Performance indicators and audit outcomes; e) Development project details and monitoring reports; f) Public service delivery data; g) Other datasets as defined by the State Information Commission or Government. **Section 4: Data Privacy and Security Safeguards** 4.1 Public Authorities must ensure that no PII or sensitive personal data is included in the published open data. 4.2 Proper anonymization and data aggregation techniques must be applied before publication to safeguard privacy. 4.3 Regular audits shall be conducted to verify compliance with privacy standards. **Section 5: Institutional Framework** 5.1 The State Information Commission shall offer guidelines and oversight on the types of data to be published and adherence to privacy norms. 5.2 Each Public Authority shall designate an Open Data Officer responsible for ensuring compliance with proactive disclosure requirements. **Section 6: Reporting and Accountability** 6.1 Public Authorities shall submit annual reports to the State Information Commission detailing compliance status, data published, and challenges faced. 6.2 The State Information Commission may issue directions or seek information to ensure implementation. **Section 7: Repeal and Savings** 7.1 This Act shall not override provisions of the Right to Information Act, 2005 but is intended to complement and reduce RTI burden through proactive disclosure. **Section 8: Penalties** 8.1 Non-compliance with the provisions may invite penalties as per the guidelines set by the State Government or the State Information Commission. --- This draft aims to balance transparency with data privacy, making governance data widely available in the public domain while protecting individual privacy. You may seek expert legal and policy inputs for refinement before formal submission. Would you like assistance outlining implementation guidelines or public awareness strategies for this bill?

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