Information policies and regulations mainly include information policies, information laws, information regulations and information standards, each of which is a complete system. There are some differences between the four types, but they complement each other and cannot replace each other. These four types of * * * isomorphically form an information policy and regulation system that regulates and manages social information activities. Information policies and regulations take information policy as the leading factor, information law as the main task, and information laws and regulations and information standards as the basis, and concentrate on organizing and coordinating the strength of the state, society, groups and individuals, which provides a solid policy and regulation guarantee for forming a macro-development system of social information resources with high efficiency, scientific allocation and reasonable operation.
9.3. 1 information policy
Information policy refers to the code of conduct and measures formulated and put into practice by the state or government departments to guide and influence information activities. It is an important part of the information policy and regulation system and plays a leading and guiding role in the construction and operation of the whole system. 9.3. 1. 1 the meaning of information strategy
Information policy is a related policy group composed of guiding principles, decrees, guidelines, rules, regulations and procedures for monitoring and managing the information life cycle, and it is a code of conduct and norm used by the state to regulate the development of information industry and information activities. Information policy involves the production, distribution, exchange and consumption of information products, as well as the planning, organization and management of information development.
Information policy is a code of conduct for information activities stipulated by the state and social organizations to achieve information management goals, and it is a guiding principle for information planning and management decision-making. Information policy is usually released through administrative channels, which has the ability to restrain and regulate a specific range of people or institutions.
9.3. 1.2 information policy classification
Due to the differences in management systems and political, economic and cultural factors in different countries, the information policy system is more complicated. According to different classification standards, information policies can be divided into many different types.
According to the hierarchical structure, information policy can be divided into three levels: basic policy, horizontal policy and vertical policy. Basic policies are applicable to the whole society and have direct or indirect influence on information units, providing a social, economic and political background for their activities, such as tax policy, economic policy and education policy. Horizontal policies apply to and affect all organizations related to information management, such as the "863 Plan" and the "National Medium and Long-term Scientific and Technological Development Program". Vertical policies are applicable to policies of a certain type of information management organization, such as policies on the development of information enterprises or non-profit organizations.
According to the maker and scope of implementation, information policies can be divided into international information policies, regional information policies, national information policies, systematic information policies and institutional information policies. National information policy, systematic information policy and institutional information policy have administrative support, that is, they have practical effects, while international information policy and regional information policy in the form of declarations, agreements and conventions have only agreement and morality.
According to different forms, information policy can be divided into systematic information policy and decentralized information policy. With regard to national information policies, due to the differences in information management modes among countries in the world, national information policies can be divided into two forms: one is a relatively complete and systematic national information policy, which is usually published in the form of policy white papers and policy blue books, such as the Information Technology Development Policy issued by China 1990 and the National Science and Technology Information Development Policy issued by 19 1. Second, scattered national information policies issued by governments at all levels and their functional departments in the form of documents, such as the comprehensive national information policy that the United States almost never publicly announces. For institutional information policy and systematic information policy, their forms of existence are more diverse, not only formal information policy, but also informal information policy; There are not only long-term information policies, but also temporary information policies; There are not only written information policies, but also oral information policies.
According to different contents, information policies can be divided into information resource policies, information management policies and information dissemination policies. Information resource policy includes information resource construction policy, information infrastructure construction policy, information investment policy, information talent guarantee policy, information resource enjoyment policy and so on. Information management policies include industry information policy, information industry policy, information technology policy, information organization management policy, information market management policy, information standardization development policy, information exchange and cooperation policy, etc. Information dissemination policies include information content security policy, information system and information network security policy, personal privacy and business secret protection policy, transnational data flow control policy and so on.
9.3. 1.3 Main features of information policy
Information policy is an effective means to guide and standardize social information activities, based on interest selection and integration, with interest distribution as the core. Information policy has the following remarkable characteristics:
First, systematic. Information policy should be based on the overall situation of the social system, which is conducive to the rational allocation of information resources and their actual benefits, and to the harmonious and sustainable development of the information society.
Second, guide. Through the interaction of specific policies in different control areas, information policy transforms the will and concept of managers of the state and specific social organizations, forms certain management guidelines, and guides the practice of information management.
Third, dynamic. Information policy should be closely integrated with the change of social development environment, with the planning of social information management, with the development of social information demand, and show dynamics with the change of social environment.
Fourth, flexibility. Information policy often changes with the changes of decision makers, wills and management objectives, so it is necessary to enhance its flexibility and ensure the organic unity of development and stability of information policy.
information law
Information law, referred to as information law, has a clear constraint and normative role in the construction and operation of the entire information policy and regulation system.
Legal Status of Foreign Information
The information law originated in Europe in the18th century, and was first promulgated as the Swedish Freedom of the Press Act in 1776. The Paris Convention for the Protection of Industrial Property came into being in 1883 and madrid agreement concerning the international registration of marks came into being in 189 1.
Modern information law began in the 20th century and was mainly formulated by developed countries in America and Europe. The U.S. Congress has successively promulgated 92 laws on government information system construction, information development and utilization, information exchange and dissemination. Canada has promulgated the National Library Law, Information Inquiry Law and Personal Privacy Law since 1960s, and Britain has promulgated the Public Libraries and Museums Law and British Telecommunications Law since 1965. France 1964 Law on Literary and Artistic Property and 1985 Law on Copyright and Neighboring Rights, etc. Data management law of Sweden 1973 (revised twice), etc.
Developing countries and developed countries in Asia have similar information laws, such as Japan's semiconductor chip and computer program protection law 1985, Japan's technical documentation law 1986, South Korea's computer program protection law 1987 and Singapore's computer program protection law 1987.
The information laws of various countries are generally aimed at a certain link and specific problems of information activities, emphasizing the free flow of information, the enjoyment of public welfare information, the guarantee of information security, the protection of intellectual property rights and so on.
Current situation of information legislation in 9.3.2.2
198 1, China established computer security supervision organization; 1September 1988, the National People's Congress Standing Committee (NPCSC) passed the Law of People's Republic of China (PRC) on Guarding State Secrets; 1989, the Ministry of Public Security issued the Regulations on the Prevention and Control of Computer Virus (Draft), and began to implement the system of "computer virus research and sales license" nationwide.
On May 24th, the the State Council executive meeting passed the Regulations on the Protection of Computer Software. This is the first law on computers promulgated in China. It is also attached with the Measures for the Registration of Computer Software Copyright issued by the Ministry of Machinery and Electronics Industry in April, 1992. Interim Provisions on the Administration of Electronic Publications issued by the General Administration of Press and Publication1March 1996.
On the laws and regulations concerning information networks, 1 February 1996 1 day, the State Council issued the Interim Provisions on the Administration of International Networking of Computer Information Networks in People's Republic of China (PRC),1the State Council1revision. This paper puts forward the basic principles of coordinating rules, unifying standards, hierarchical management and promoting the development of international networking. 1On June 3rd, 997, China Internet Information Center was established, and the State Council issued the Interim Measures for the Administration of Internet Domain Name Registration in China. Relevant laws and regulations also include the Measures for the Implementation of the Interim Provisions on the Administration of International Networking of Computer Information Networks in People's Republic of China (PRC) formulated by the State Council, the Measures for the Administration of Security Protection of International Networking of Computer Information Networks promulgated by the Ministry of Public Security, and the Measures for the Administration of Entrance and Exit Channels of International Networking of Computer Information Networks promulgated by the former Ministry of Posts and Telecommunications. In order to strictly control information access and strengthen the supervision and management of Internet use.
In terms of information security,1On February 8, 1994, the State Council issued the Regulations on the Security Protection of Computer Information Systems in People's Republic of China (PRC), which provided a legal guarantee for protecting the security of computer information systems, promoting the application and development of computers and ensuring the smooth progress of economic construction. 1In August, 1998, the Ministry of Public Security and the People's Bank of China jointly issued the Interim Provisions on the Security Protection of Computer Information Systems of Financial Institutions, demanding that illegal and criminal activities using or targeting computer information systems of financial institutions be prevented and cracked down, and all kinds of security accidents be prevented and handled, so as to improve the overall security level of computer information systems of financial institutions and ensure the safety of national collective and individual property.
Since 2000, the National People's Congress has adopted the Decision on Safeguarding Internet Security, and successively adopted the Regulations of People's Republic of China (PRC) Telecom, the Measures for the Administration of Internet Information Services and Several Policies for Encouraging the Development of Software Industry and Integrated Circuit Industry.
The Significance of Information Law in 9.3.2.3
Many scholars have expounded the meaning of information law. For example, the information law is the general name of the legal norms regulating various social relations in information activities, and its regulating object is various social relations generated in information activities. Information law is a law about information rights and obligations. These conflicts of interest should be reflected, weighed and coordinated in an appropriate way, with the aim of promoting information exchange. Information law is the general name of the legal norms formulated or recognized by the national legislature to adjust social relations in information activities. Information law refers to legal measures to regulate and control important issues in information activities, involving information systems, organizations dealing with information and individuals responsible for information.
Based on the above point of view, the information law is a legal norm approved by the national legislature and enforced by the national law enforcement agencies, with the social relations arising from information activities, that is, the information legal relations, as the adjustment object.
Information legal relationship is a part of social information relationship, including subject, content and object. The subject of information legal relationship refers to the parties involved in the information legal relationship, that is, individuals or organizations (legal persons or natural persons, which can also refer to the state under certain conditions) that enjoy rights and assume obligations according to law; The content of information legal relationship includes the rights and obligations enjoyed by the subject, that is, the rights and obligations stipulated by the corresponding laws and regulations; The object of information legal relationship refers to the object pointed by the rights and obligations of the subject, including all kinds of information resources, information equipment and facilities, information services and other objects.
Information legal relationship generally includes the rights and obligations of information expression, information acquisition, information preservation, information dissemination, information resource distribution, information collection and processing, information resources and information technology utilization, and the rights and obligations among different subjects arising from the derived information legal relationship (such as competition in related industries, social employment, computer crime, national sovereignty and security protection, national culture protection, etc.). ).
Classification of Information Law in 9.3.2.4
According to different classification standards, information laws can be divided into many types.
According to different contents, information law can be divided into legal norms on information property rights, information security, information services, information products, information market, information industry, information technology, information planning, information taxation, information finance, information exchange and information network. , including relevant laws of government and non-government departments (including e-government), relevant laws of industrial departments (including e-commerce) and relevant laws of scientific research and education departments.
According to different levels, information law can be divided into constitution, laws, administrative regulations and local regulations. As the fundamental law of the country, the constitution has the highest legal status and effectiveness, and some of its provisions involve the right to information activities. Secondly, in terms of law, in addition to information law as an independent legal norm, information activities are also regulated in economic law, criminal law, administrative law and science and technology law. International rules are bilateral or multilateral laws on transnational information flow. Followed by administrative regulations, lower than administrative regulations are local regulations.
Information laws and regulations
The meaning of information regulation
Rules and regulations are written regulations specially recognized by organizations for the duties, norms, procedures and methods that people should perform in social activities such as management, operation and service, and have corresponding legitimacy and certain compulsion. There are many specific names of rules, such as methods, measures, schemes, outlines, announcements, procedures, regulations, rules, minutes, decisions, resolutions, orders, implementation measures, implementation details, codes, regulations, notices, problems, details, requirements, opinions, articles of association, instructions, directives, etc.
Information laws and regulations are rules, systems and clauses formulated by a certain social organization within the scope of its functions and powers according to the legal or administrative authorization, which effectively regulate, integrate, restrict and standardize the behaviors and activities of individuals or groups in information exchange and management, and are the basic requirements and processing methods of specific information management activities.
Classification of information laws and regulations in 9.3.3.2
According to the scope of application, information laws and regulations can be divided into industry information laws and regulations, administrative information laws and regulations and enterprise information laws and regulations. For example, the information regulations formulated by the relevant ministries and commissions in the State Council are authorized by the Constitution and laws and apply to the industries under their jurisdiction; Information regulations formulated by trade associations generally only apply to their self-regulated industries; Information laws and regulations formulated from the county level to the provincial level are authorized by the local organization law and only apply to the administrative areas under their jurisdiction; Enterprise information laws and regulations are applicable to enterprise internal information management.
According to the hierarchy, information laws and regulations can be divided into national information laws and regulations, system information laws and regulations and institutional information laws and regulations. The regulation of institutional information is more specific and has corresponding management effect. The management effect of information laws and regulations at the national or system management level is similar to that of policies, but more specific than policies.
According to different contents, information laws and regulations can be divided into administrative information laws and regulations and autonomous information laws and regulations. Implementing information laws and regulations mainly refer to information laws and regulations formulated with the goal of implementing certain laws and regulations, which generally need to be formulated under the explicit authorization of specific laws and regulations. In content, it is to further analyze the basic spiritual principles of the above-mentioned normative documents and stipulate the specific rules for their implementation. Autonomous information laws and regulations mainly refer to information laws and regulations formulated according to the inherent administrative or business responsibilities and authority of the formulation subject, and generally do not need the authorization of individual laws and regulations.
Characteristics of information laws and regulations in 9.3.3.3
Information laws and regulations are the means by which specific social organizations act on information activities at different levels, and they have certain particularity in management, mainly as follows:
First, the subordinate nature of management level. Information laws and regulations can not conflict with the national constitution or other laws, but can only concretize the rights and obligations created by laws for specific information activities. The authority of information laws and regulations comes from the management power of specific social organizations, which has corresponding binding force on relevant organizations and individuals and is subject to certain review and supervision.
Second, adjust the positioning of the object. Information laws and regulations often aim at some special, partial and specific problems in information management activities. For example, the Measures for the Administration of Non-operating Internet Information Services issued by the Ministry of Information Industry regulates the management of non-operating Internet information services, such as online filing, generation filing, relevant obligations of access service providers, and annual review.
Third, the unity of implementation effectiveness. In order to solve the inconsistency between different information laws and regulations, the implementation effect of information laws and regulations should be coordinated with information policies, information laws and information standards, fully embodying the organic combination of public power, certainty, binding force and execution.
9.3.4 Information standards
Information standard is an important basic work of information management and information technology. About half of the standards formulated by the International Organization for Standardization (ISO) are related to information management and technology, involving the regulation, design and development of systems and tools for information collection, presentation, processing, security, transmission, exchange, presentation, management, organization, storage and retrieval.
9.3.4. 1 meaning of information standard
Standard is a unified regulation of repetitive things and concepts. Based on the comprehensive results of scientific, technical and practical experiments, the standards are published in a specific form after consultation and approval by the competent authorities, which serves as a guide and basis to follow. The so-called standardization means that in the social practice of economy, technology, science and management, the repeated things and concepts are unified by formulating, publishing and implementing standards, so as to obtain the best order and social benefits.
Information standard is to unify the concepts, processes, products and methods of information management with specific procedures and forms, and be approved by recognized authoritative organizations in order to establish the best order of information management and obtain the best benefits. Information standards exist at all levels of management. General international standards have the highest management effectiveness, and information standards with lower management level are bound by information standards with higher management level.
Information standardization has been highly valued by all countries. In China, the National Information Technology Standardization Technical Committee is a specialized organization under the leadership of the National Standardization Administration Committee and the Ministry of Information Industry, which is responsible for the standardization work in the national information technology field and ISO/IEC JTC 1 (the first joint technical subcommittee of the International Organization for Standardization/International Electrotechnical Commission), and has 24 sub-technical committees and specialized working groups. In addition, the National Standardization Administration Committee also has the National Information and Document Standardization Technical Committee, which consists of written transliteration, terminology, automation, classification and subject method, description format, publishing format, statistics and document protection.
Classification of Information Standards in 9.3.4.2
According to the hierarchy of the main body, information standards can be divided into international information standards, regional information standards, national information standards, industry information standards, local information standards and enterprise information standards. Different countries have different scoring methods. International standards are information management and service standards formulated and implemented by specialized international standardization organizations such as the International Organization for Standardization and specific governmental or non-governmental international organizations such as UNESCO. China actively encourages the adoption of international standards and advanced foreign standards, and actively participates in the formulation of international standards. Regional standards are information management and service standards formulated and implemented by a regional standardization organization in the world, such as european committee for standardization. National standards are standards related to information management and services that need to be unified nationwide, and are planned, drafted, approved and numbered by national standardization management departments (such as China State Bureau of Technical Supervision). Industry standard refers to the technical requirements that need to be unified in the national industry without national standards. National industry management departments (such as ministries and commissions in the State Council) make plans, organize drafting, uniformly approve and issue numbers, and report them to the national standardization management department for the record. Local standards are standards that do not meet the technical requirements of national standards and industry standards and need unified information management and services within a specific administrative region. They are planned, drafted, approved and numbered by the standardization administration departments of specific administrative regions (such as standardization administration institutions of provinces, municipalities and autonomous regions) and reported to the national standardization administration departments for the record. Enterprise standards are information management and service standards that have no technical requirements of national standards, industry standards and local standards, and are compiled and implemented by specific enterprises and filed in accordance with local government regulations.
According to the different management effectiveness, information standards can be divided into mandatory information standards and recommended information standards. Mandatory information standards are information standards that need to be enforced in the field of information management and services, involving important construction fields of the national economy and people's livelihood, technologies and methods that the state needs to control, and commonly used terms, technologies and methods related to technical convergence and interoperability between standards. Recommended information standards are other information standards besides mandatory standards.
According to the different management contents, the classification methods of information standards mainly include the following:
First, according to the main aspects of information management, it can be divided into general information standards (such as basic terminology, information coding, information exchange, industry management, etc. ), special information standards (technical support, system interconnection, information organization, carrier management, construction equipment, etc. ) and confidential information standards (such as data communication, information system, network management, file management, press and publication, etc.). ).
Secondly, according to the specific objects of information management, it can be divided into information infrastructure standards, information management methods standards, information environment standards, information products and services standards, information material carrier standards, information intangible carrier standards and so on.
Thirdly, according to the nature of information management activities, it can be divided into technical standards (standards of technical matters that need to be coordinated and unified in standardization field), management standards (standards of management matters that need to be coordinated and unified in standardization field) and work standards (standards of work matters that need to be coordinated and unified in standardization field).
Characteristics of Information Standards in 9.3.4.3
Standardization is an indispensable and important activity that runs through people's work and life. Information standard is an important tool and core of information management and service, and its characteristics are as follows:
First, the comprehensiveness of the standard system. The role of information standardization can only be effectively played through a scientific and perfect information standard system. The information standard system should take "simplification, coordination, unification and optimization" as the basic principle, information product and service standards as the core, technology, management and work standards necessary to fully guarantee information management and service as the support, and the corresponding implementation guarantee system as the support.
Second, the integration of standardized functions. Information standardization can provide effective integrated standard resource services for information activities in improving system interoperability, technology portability, data interchangeability and multi-level application.
Third, the development of management efficiency. Information standardization should be supplemented and improved according to the development of science and technology and the practice of production and scientific research in information activities, adapt to the changing requirements of social environment related to information activities, and verify its social, economic and ecological benefits through the practice of information activities.