Information policies and regulations are a concrete manifestation of the coordination mechanism for ensuring social information activities. They are policies, laws, regulations, and standards formulated and implemented by different entities with different regulatory scopes and acting on different regulatory objects*** A complete system of the same composition. At present, in the construction of my country's information policy and regulations system, there are a large number of gaps, deficiencies and various factors that restrict development. Therefore, in the information humanities management, it is necessary to strengthen the construction of information policies and regulations.
Information policies and regulations mainly include four major types: information policy, information law, information regulations and information standards. Each type is a complete system in itself. There are certain differences between the four types, but they complement each other and cannot replace each other. These four types together constitute an information policy and regulatory system that regulates and manages social information activities. Information policies and regulations take information policy as the leader, information law as the backbone, and information regulations and information standards as the basis. They centrally organize and coordinate the power of the country, society, groups, and individuals to form a highly effective, scientifically configured, and rationally operated system. The macro development system of social information resources provides a solid policy and regulatory guarantee.
9.3.1 Information Policy
Information policy refers to the action guidelines and measures formulated and implemented by the state or government departments to guide and influence information activities. It is an information policy and regulatory system. It is an important component and plays a leading and guiding role in the construction and operation of the entire system. 9.3.1.1 The meaning of information policy
Information policy is a related policy group composed of guiding principles, laws, guidelines, rules, regulations, and procedures for monitoring and managing the information life cycle. It is a national policy Code of conduct and guidelines for regulating the development of the information industry and information activities. Information policy involves all aspects of the production, distribution, exchange and consumption of information products, as well as comprehensive issues such as information development planning, organization and management.
Information policy is a code of conduct for information activities stipulated by the state and social organizations to achieve information management goals. It is a guideline for information planning and management decision-making. Information policies are usually issued through administrative channels and have the ability to restrict and regulate a specific range of people or institutions.
9.3.1.2 Information policy classification
Due to differences in management systems and political, economic and cultural factors in different countries, the information policy system is relatively complex. Information policies can be divided into many different types according to different classification criteria.
Information policy can be divided into three levels according to level: basic policy, horizontal policy and vertical policy. Basic policies apply to the entire society, have a direct or indirect impact on information units, and provide a social, economic and political background for their activities, such as tax policy, economic policy, education policy, etc. Horizontal policies are policies that are applicable and influential to all information management-related organizations, such as the “863 Plan” and the “National Medium and Long-term Science and Technology Development Outline”. Vertical policies apply to policies of a certain type of information management organization, such as policies related to the development of information enterprises or public welfare institutions.
Information policy can be divided into international information policy, regional information policy, national information policy, system information policy and institutional information policy according to the formulator and implementation scope. National information policy, system information policy and institutional information policy have administrative support, that is, they have practical effect. International information policy and regional information policy in the form of declarations, agreements, conventions, etc. are only agreement-based and moral.
Divided according to different forms, information policy can be divided into systematic information policy and scattered information policy. Regarding national information policy, due to the differences in information management models in various countries around the world, national information policy can be divided into two forms: one is a relatively complete and systematic national information policy, which is usually released in the form of a policy white paper and a policy blue paper, such as China's 1990 The "Information Technology Development Policy" released in 2007 and the "National Science and Technology Information Development Policy" released in 1991 adopted this form. The second is sporadic and decentralized national information policies issued in the form of documents by governments at all levels and their functional departments. For example, the United States almost never has a publicly announced comprehensive national information policy.
For institutional information policies and system information policies, they exist in more diverse forms. There are not only formal information policies, but also informal information policies; not only long-term information policies, but also temporary information policies; not only written information policies, but also oral information policies. .
According to different content, information policy can be divided into information resource policy, information management policy and information dissemination policy. Information resource policies include information resource construction policies, information infrastructure construction policies, informatization investment policies, information talent guarantee policies, information resource sharing policies, etc.; information management policies include industry information policies, information industry policies, information technology policies, Information organization management policy, information market management policy, information standardization development policy, information exchange and cooperation policy, etc.; information dissemination policy includes information content security policy, information system and information network security policy, personal privacy and business secret protection policy, and transnational data flow. control policies, etc.
9.3.1.3 The main characteristics of information policy
Information policy is based on interest selection and interest integration, with interest distribution as the key, and is an effective means to guide and regulate social information activities. Information policy has the following salient features:
First, it is systematic. Information policy should proceed from the overall perspective of the social system, help rationally allocate information resources and bring into play their practical benefits, so as to achieve coordinated and sustainable development of the information society.
Second, guidance. Through the synergy of various specific policies with different regulatory scopes, information policy transforms the will and assumptions of managers of the state and specific social organizations, forming certain management guidelines to guide information management practice.
Third, dynamics. Information policy must be closely integrated with changes in the social development environment, closely integrated with the planning of social information management, closely integrated with the development of social information needs, and reflected in dynamics as the social environment changes.
Fourth, flexibility. Information policy often changes with the replacement of decision-makers, changes in will, and changes in management objectives. Therefore, it is necessary to enhance its flexibility and ensure the organic unity of development and stability of information policy.
9.3.2 Information Law
Information law, referred to as information law, has a clear binding and normative role in the construction and operation of the entire information policy and regulation system.
9.3.2.1 Foreign Information Law Status
Information law originated in Europe in the 18th century, the earliest being the Swedish "Freedom of the Press Act" in 1776. The Paris Convention for the Protection of Industrial Property was produced in 1883, and the Madrid Agreement for the International Registration of Trademarks was produced in 1891.
Modern information law began in the 20th century and was mainly formulated by developed countries in America and Europe. The U.S. Congress has promulgated 92 laws related to the construction of government information systems, information development and utilization, information exchange and dissemination, etc. Since the 1960s, Canada has promulgated the National Library Act, the Query Information Act, and the Personal Privacy Act, etc. Since 1965, the United Kingdom has promulgated the Public Library and Museum Act, the British Telecommunications Act, the Data Protection Act, etc., and the French Literary and Art Property Law of 1964 and the 1985 The "Copyright and Neighboring Rights Act" of 1973, etc., Sweden's "Data Management Act" of 1973 (later revised twice), etc.
Developing countries and developed countries in Asia also have similar information laws, such as Japan's 1985 "Semiconductor Chip Protection Law" and "Computer Program Protection Law", and the 1986 "Japan Technical Documentation Law", etc. , South Korea’s Computer Program Protection Act of 1987, Singapore’s Copyright Act of 1987, India’s New Copyright Act of 1984, Brazil’s National Information Policy and Other Measures Act of 1984, etc.
The information laws of various countries are generally aimed at certain aspects and specific issues of information activities, focusing more on the free flow of information, public welfare information sharing, information security defense, and intellectual property protection. content.
9.3.2.2 Current status of my country's information legislation
In 1981, my country established a computer security supervision agency. In September 1988, the Standing Committee of the National People's Congress passed the "People's Republic of China's Protection of State Secrets" Law", in 1989 the Ministry of Public Security issued the "Computer Virus Control Regulations (Draft)" and began to implement the "Computer Virus Research and Sales License" system nationwide.
On May 24, 1991, the State Council executive meeting passed the "Computer Software Protection Regulations." This is the first computer-related law promulgated in our country. It is supported by the "Computer Software Copyright Registration Measures" issued by the Ministry of Machinery and Electronics Industry in April 1992; and the "Interim Regulations on the Management of Electronic Publications" issued by the State Press and Publication Administration in March 1996.
Regarding information network regulations, on February 1, 1996, the State Council promulgated the "Interim Regulations on the Management of International Networking of Computer Information Networks of the People's Republic of China". In 1997, the State Council revised this regulation Revise. It puts forward the basic principles of implementing overall rules, unified standards, hierarchical management, and promoting development for international networking. On June 3, 1997, the China Internet Network Information Center was established, and the State Council issued the "Interim Management Measures for China Internet Domain Name Registration" at the same time. Relevant laws and regulations also include the "Implementing Measures for the Interim Provisions of the People's Republic of China on the Management of International Networking of Computer Information Networks" 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 Security Protection of International Networking of Computer Information Networks" promulgated by the former Ministry of Posts and Telecommunications. Measures for the Management of Entry and Exit Channels for International Networking of Computer Information Networks, etc., aim to strictly control the entry and exit of information and strengthen the supervision and management of Internet use.
In terms of information security, on February 18, 1994, the State Council promulgated the "Regulations on the Security Protection of Computer Information Systems of the People's Republic of China" to protect the security of computer information systems and promote the application of computers. and development, providing legal guarantee for ensuring the smooth progress of economic construction. In August 1998, the Ministry of Public Security and the People's Bank of China jointly issued the "Interim Regulations on the Security Protection of Computer Information Systems of Financial Institutions", requiring the prevention and crackdown on illegal and criminal activities that exploit or target the computer information systems of financial institutions, and the prevention and handling of various security incidents, improve the overall security level of financial institutions' computer information systems, and ensure the security of national collective and personal property.
Since 2000, the National People's Congress has passed the "Decision on Maintaining Internet Security", and the following regulations have been passed: "Regulations on Telecommunications of the People's Republic of China", "Measures for the Administration of Internet Information Services" and "Several Policies to Encourage the Development of the Software Industry and Integrated Circuit Industry".
9.3.2.3 The meaning of information law
Many scholars have elaborated on the meaning of information law. For example, information law is a general term for the legal norms that regulate various social relationships generated in information activities, and its adjustment objects are various social relationships generated in information activities. Information law is a law that governs the rights and obligations related to information. It should reflect these conflicts of interests and balance and coordinate them in an appropriate way. Its purpose is to promote the exchange of information. Information law is a general term for the legal norms that regulate social relations in information activities formulated or recognized by the national legislative body. Information law refers to legal measures that regulate important issues in information activities involving information systems, organizations that process information and individuals responsible for information.
Based on the above points, information law is approved and formulated by the national legislative body, and is implemented by the compulsory force of national law enforcement agencies. It is a law that regulates the social relations generated in information activities, that is, information legal relations. specification.
Information legal relationship is an integral part of social information relationship, including three elements: subject, content and object. The subject of the information legal relationship refers to the parties involved in the information legal relationship, that is, the individuals or organizations (legal persons or natural persons, which can also refer to the country under certain conditions) that enjoy rights and assume obligations in accordance with the law; the content of the information legal relationship includes the rights enjoyed by the subject and obligations, that is, the rights and obligations stipulated in the corresponding laws and regulations; the object of the information legal relationship refers to the object to which the rights and obligations of the subject in the information legal relationship are directed, including various types of information resources, information equipment and facilities , information services and other objects.
Information legal relations generally include the rights and obligations of information expression, the rights and obligations of information acquisition, the rights and obligations of information preservation, the rights and obligations of information dissemination, the rights and obligations of information resource allocation, and information collection. and processing rights and obligations, rights and obligations in the utilization of information resources and information technology, and legal relationships arising from derived information (such as related industry competition, social employment, computer crime, protection of national sovereignty and security, protection of national culture, etc.) rights and obligations between different subjects.
9.3.2.4 Classification of information law
According to different classification standards, information law can be divided into many types.
According to different content, information law can be divided into information property rights, information security, information services, information products, information market, information industry, information technology, information planning, information taxation, information financing, information Legal regulations on communication, information networks, etc., including laws related to government and non-governmental public sector departments (including e-government), laws related to industrial sectors (including e-commerce), laws related to scientific research and education departments, laws related to information service departments, and Citizenship related laws, etc.
Divided according to different levels, information laws can be divided into constitutions, laws, administrative regulations, local regulations, etc. As the fundamental law of the country, the Constitution has the highest legal status and validity, and some of its provisions include content related to the right to information activities. Second is the law. In addition to information law as an independent law regulating the main information legal relationship, information activities are also regulated in economic law, criminal law, administrative law, science and technology law and other laws. International law is bilateral or multilateral law governing the flow of information across borders. Next are administrative regulations, and lower than administrative regulations are local regulations.
9.3.3 Information regulations
9.3.3.1 The meaning of information regulations
Regulations are social activities such as the management, operation and service of people. Written provisions specifically identified by the organization in terms of responsibilities, standards, procedures, methods, etc. that should be implemented have corresponding legality and certain compulsory nature. There are many specific names for regulations, such as methods, measures, plans, outlines, announcements, procedures, regulations, rules, minutes, decisions, resolutions, orders, implementation methods, implementation details, codes, regulations, notifications, notifications, notices, questions, Rules, requirements, opinions, charters, instructions, instructions, etc.
Information regulations are formulated by certain social organizations within the scope of their powers according to legal or administrative authorization to effectively regulate and integrate relevant individual or group behaviors and activities in information exchange and management. , restrictive and normative procedures, systems and clauses are the basic requirements and processing methods for specific information management activities.
9.3.3.2 Classification of information regulations
According to the scope of application, information regulations can be divided into industry information regulations, administrative information regulations and enterprise information regulations. For example, the information regulations formulated by the relevant ministries and commissions of the State Council are authorized by the Constitution and laws and apply to the industry areas they are responsible for; the information regulations formulated by industry associations generally only apply to the industries for which they are self-regulated and autonomous; the information regulations formulated from the county to provincial levels Authorization originates from local organizational law and only applies to the administrative area under its jurisdiction; corporate information regulations apply to internal information management of the enterprise.
According to the level of hierarchy, information regulations can be divided into national information regulations, system information regulations and institutional information regulations. Institutional information regulations are more clear and specific and have corresponding management effectiveness. The management effectiveness of information regulations at the national or system management level is similar to that of policies, but more specific than policies.
According to different contents, information regulations can be divided into executive information regulations and autonomous information regulations. Implementing information regulations mainly refer to information regulations formulated with the goal of implementing certain laws and regulations. They generally need to be formulated with the explicit authorization of specific laws and regulations. In terms of content, they further analyze the basic spiritual principles and provisions of the above-mentioned normative documents. Specific details for its implementation. Autonomous information regulations mainly refer to information regulations formulated based on the inherent administrative or business responsibilities and authority of the formulation subject, and generally do not require authorization by a single law or regulation.
9.3.3.3 Characteristics of information regulations
Information regulations are the means by which specific social organizations act on information activities at different levels. They have certain particularities in management. They are mainly Manifested in:
First, the subordination of management levels. Information regulations cannot conflict with the Constitution or other laws of the country, and can only concretize the rights and obligations created by the law with respect to specific information activities. The authority of information regulations comes from the management rights of specific social organizations, has corresponding binding force on relevant organizations and individuals, and is subject to certain review and supervision.
Second, adjust the localization of objects.
Information regulations often address certain special, local, and specific issues in information management activities. For example, the Ministry of Information Industry's "Measures for the Registration and Management of Non-commercial Internet Information Services" regulates online registration management, agency filing, and Issues such as relevant obligations and annual audits of access service providers were standardized.
Third, implement the unity of effectiveness. To solve the problem of inconsistencies between different information regulations, the implementation effectiveness of information regulations must cooperate with information policies, information laws and information standards, and fully reflect the organic combination of publicity, determination, binding and execution.
9.3.4 Information standards
Information standards are an important basic work in information management and information technology. Among the various standards developed by the International Organization for Standardization (ISO), about half are related to information management and technology, involving systems and systems for information collection, representation, processing, security, transmission, exchange, expression, management, organization, storage and retrieval. Tool specification, design and development, etc.
9.3.4.1 The meaning of information standards
Standards are unified regulations on repeated things and concepts. Standards are based on the comprehensive results of science, technology and practical testing, and are approved by the competent authority after consensus among relevant parties. They are released in a specific form and serve as the guidelines and basis for everyone to abide by. The so-called standardization refers to the unification of repeated things and concepts through the formulation, release and implementation of standards in social practices such as economy, technology, science and management, so as to obtain the best order and social benefits.
Information standards are specific procedures for repetitive things such as concepts, processes, products and methods of information management approved by recognized authorities in order to establish the best order for information management and achieve optimal benefits. and unified provisions for formal existence. Information standards exist at all levels of management. Generally, international standards have the highest management effect, and information standards with lower management levels are subject to information standards with higher management levels.
Information standardization has received great attention from all countries. In China, the National Information Technology Standardization Technical Committee is under the joint leadership of the National Standardization Administration Committee and the Ministry of Information Industry. It is responsible for the national information technology field and the first joint venture with ISO/IEC JTC1 (International Organization for Standardization/International Electrotechnical Commission). Technical subcommittee) is a specialized agency for standardization work corresponding to 24 sub-technical committees and special working groups. In addition, the National Standardization Administration Committee also has the National Information and Document Standardization Technical Committee, which has subcommittees such as written language transliteration, terminology, automation, classification and subject methods, description format, publication format, statistics, and document protection.
9.3.4.2 Classification of information standards
According to the hierarchical division of the formulation entities, 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 classification methods. International standards are standards related to information management and services 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 the United Nations Educational, Scientific and Cultural Organization. Our country actively encourages the adoption of international standards and advanced foreign standards, and actively participates in the formulation of international standards. Regional standards are standards related to information management and services formulated and implemented by a regional standardization group in the world such as the European Committee for Standardization. National standards are technical requirements that need to be unified across the country. Standards related to information management and services are planned, organized, drafted, approved and numbered by the national standardization management department (such as China's State Administration of Technology Supervision). Industry standards refer to technical requirements that need to be unified across industries across the country but do not have national standards. National industry management departments (such as ministries and commissions of the State Council) prepare plans, organize drafting, unified approval and numbering, and report them to the national standardization management department for filing. Standards for information management and services. Local standards are technical requirements that need to be unified within a specific administrative region but do not have national standards or industry standards. The standardization management department of a specific administrative region (such as the standardization management agencies of provinces, municipalities, and autonomous regions) prepares plans, organizes drafting, and unified approval and numbering. Publish and submit standards for information management and services to the national standardization management and administrative departments for filing.
Enterprise standards are technical requirements for enterprise products and services that do not have national standards, industry standards, or local standards. They are standards for information management and services that are prepared and implemented by specific enterprises and filed in accordance with local government regulations.
According to the differences in management effectiveness, information standards can be divided into mandatory information standards and recommended information standards. Mandatory information standards are in the field of information management and services, involving important construction areas of the national economy and people's livelihood, technologies and methods that the country needs to control, general terms, technologies and methods related to technical connection and interoperability between standards, etc. Information standards that need to be enforced. Recommended information standards are information standards other than mandatory standards.
According to different management content, 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.), specialized information standards (technical support, system interconnection, information organization, carrier management, construction equipment, etc.) and classified information standards (such as data communications, information systems, network management, document management, Press and publishing, etc.).
Second, according to the specific objects of information management, it can be divided into information infrastructure standards, information management method standards, information environment standards, information product and service standards, information material carrier standards, and information non-standard standards. Material carrier standards, etc.
Third, according to the nature of information management activities, it can be divided into technical standards (standards formulated for technical matters that need to be coordinated and unified in the field of standardization), and management standards (standards that need to be coordinated and unified in the field of standardization) Standards formulated for matters requiring coordination), work standards (standards formulated for work matters that need to be coordinated in the field of standardization), etc.
9.3.4.3 Characteristics of information standards
Standardization is an indispensable and important activity throughout people's work and life. Information standards are an important tool for information management and services, and are the core of information management and services. Its characteristics are mainly reflected in:
First, the comprehensiveness of the standard system. The role of information standardization must be effectively played through a scientific and complete information standard system. The information standard system should be based on the basic principles of "simplification, coordination, unification, and optimization", with information product and service standards as the core, and have supporting standards and supporting standards for technology, management, and work necessary for information management and services. Corresponding implementation guarantee system.
Second, the integration of standardized functions. Information standardization can provide effective integrated standard resource services for information activities in terms of improving system interoperability, technology portability, data exchangeability, and multi-level application.
Third, the development of management effectiveness. Information standardization should be supplemented and improved based on the development of science and technology in information activities and the practice of production and scientific research. It should adapt to the changing requirements of the social environment related to information activities. It should verify its social benefits, economic benefits and benefits through the practice of information activities. Ecological benefits.