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Open Data: Additional Action Required for Full Public Access

GAO-22-104574 Published: Dec 16, 2021. Publicly Released: Dec 16, 2021.
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Fast Facts

Federal data that is open—publicly accessible and free to use, modify, and share—is key for government transparency. To increase access to federal data, the OPEN Government Data Act requires agencies to:

  • Publish data in open formats
  • Maintain comprehensive data inventories
  • Engage with the public about agency data

It also requires the Office of Management and Budget to issue agency guidance, which it hasn't done yet.

Of the 4 agencies we reviewed, some have made progress on their data inventories, but none are meeting all of the public engagement requirements.

Our recommendations are to help OMB and agencies more fully implement the act.

Snapshot of the Data.gov website on November 30, 2021

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Highlights

What GAO Found

The Open, Public, Electronic and Necessary Government Data Act of 2018 (OPEN Government Data Act) codifies and expands on existing open data policy. It requires, among other things, agencies to publish information as open data by default, as well as develop and maintain comprehensive data inventories.

However, the Office of Management and Budget (OMB) has not issued statutorily-required implementation guidance to agencies on making data open by default and comprehensive data inventories. GAO previously recommended that OMB issue inventory guidance, but that recommendation has not been implemented.

Despite the lack of guidance, selected agencies—AmeriCorps, the Departments of Justice (DOJ) and State, and the Federal Deposit Insurance Corporation (FDIC)—made progress developing data inventories. Specifically, DOJ, the Department of State, and FDIC are at varying stages of updating their data inventories as required under the act. Further, although AmeriCorps lacks a comprehensive data inventory of all of its data assets, it has developed a searchable open data portal.

Regarding engaging with the public, GAO found that the selected agencies had mixed results in addressing all requirements of the act (see figure below). For example, while most of the agencies were assisting the public in expanding use of data assets, none were fully addressing the requirement to publish information on such use.

Selected Agencies' Efforts to Address Requirements to Engage with the Public on Open Data

Fig HL_5-v5-104574-aw-01

Federal data users spanning the public, private, and nonprofit sectors reported that they use and value a variety of data from across the federal government, such as demographic, spending, economic, and law enforcement data. Data users suggested that creating more comprehensive, standardized, accessible, and curated government data could increase the overall value and usefulness of open data. Full implementation of the public engagement requirements in the act could help address issues identified by federal data users.

Why GAO Did This Study

Federal agencies create and collect large amounts of data to fulfill their missions. Public access to open data—data that are free to use, modify, and share—holds great promise for promoting government transparency and engendering public trust.

The OPEN Government Data Act includes provisions for GAO to report on federal agencies' comprehensive data inventories and on the value of the data made available to the public, among other requirements.

This report examines, among other things, (1) the extent to which OMB met its statutory requirements; (2) selected agencies' progress developing comprehensive data inventories; (3) the extent to which selected agencies engage with the public; and (4) how data users value and use information made publicly available.

GAO reviewed four selected agencies' websites and related documentation, and interviewed OMB staff, General Services Administration and agency officials, and data users.

Recommendations

GAO is making 10 recommendations, including that OMB issue guidance on making data open by default, and that AmeriCorps, DOJ, the Department of State, and FDIC fully address the act's public engagement requirements.

GSA, the Department of State, FDIC, and AmeriCorps concurred, and OMB and DOJ neither agreed nor disagreed, with GAO's recommendations. OMB, the Department of State, DOJ, and GSA also provided technical comments, which GAO incorporated as appropriate.

Recommendations for Executive Action

Agency Affected Recommendation Status
Office of Management and Budget
Priority Rec.
The Director of OMB should comply with its statutory requirement under the OPEN Government Data Act to issue implementation guidance to agencies on making data open by default. (Recommendation 1)
Open
OMB neither agreed nor disagreed with our recommendation. In September 2020, OMB provided draft implementation guidance to federal agencies for comment, but has yet to issue final guidance on making data open by default, as required by statute. In March 2024, OMB staff confirmed that action to implement this recommendation is still in progress, but they did not provide a time frame for issuing the guidance. To fully implement this recommendation, OMB will need to issue guidance to agencies on making data open by default that takes into account relevant considerations for this guidance laid out in the OPEN Government Data Act. Although agencies are making some progress toward implementing their requirements under the act, without this guidance, they do not have all the information required to address the act's requirements on making data open by default. Furthermore, OMB's delay in issuing the guidance could lead to increased costs for agencies if they are required to revise their approaches to implementation after OMB releases the guidance.
AmeriCorps The Chief Executive Officer of AmeriCorps should, in coordination with the Chief Data Officer of AmeriCorps, develop and implement an agency-wide plan to host relevant challenges, competitions, events, or other open data related initiatives to create additional value from public data assets of the agency. (Recommendation 2)
Open
In September 2023, AmeriCorps officials told us they planned to publish an open data plan that would include information on the agency's plans for hosting relevant challenges, competitions, events, or other open data related initiatives to create additional value from public data assets of the agency. In February 2024, AmeriCorps officials said that they continue to work on developing their open data plan. We will continue to monitor AmeriCorps's progress to address this recommendation.
AmeriCorps The Chief Executive Officer of AmeriCorps should, in coordination with the Chief Data Officer of AmeriCorps, develop and implement an agency-wide plan to collect and publish information on the use of data assets by nongovernmental entities at least once a year. (Recommendation 3)
Open
In September 2023, AmeriCorps officials told us they planned to publish an open data plan that would include information on the agency's plans for collecting and publishing information on the use of the agency's data assets by nongovernmental entities. In February 2024, AmeriCorps officials said that they continue to work on developing their open data plan. We will continue to monitor AmeriCorps's progress to address this recommendation.
Department of Justice The Attorney General should, in coordination with the Chief Data Officer of the Department of Justice, develop and implement an agency-wide plan to host relevant challenges, competitions, events, or other open data related initiatives to create additional value from public data assets of the agency. (Recommendation 4)
Closed – Implemented
In GAO-22-104574, we reported that DOJ had not hosted open data challenges using the agency's own data as required by the OPEN Government Data Act. Therefore, we recommended that DOJ develop and implement an agency-wide plan to host relevant challenges, competitions, events, or other open data related initiatives to create additional value from the agency's public data assets. In response to our recommendation, DOJ developed the recommended agency-wide plan, which stated that the agency would host at least one data challenge per year. DOJ hosted two open data initiatives in 2023. The first was a research solicitation DOJ hosted in collaboration with other federal agencies to build a prototype of an integrated data infrastructure called the Open Knowledge Network and the second challenge involved students presenting their work that used DOJ's National Crime Victimization Survey data. These open data initiatives can expand the public's use of DOJ's data and create additional value from DOJ's public data assets.
Department of Justice The Attorney General should, in coordination with the Chief Data Officer of the Department of Justice, develop and implement an agency-wide plan to collect and publish information on the use of data assets by nongovernmental entities at least once a year. (Recommendation 5)
Closed – Implemented
In December 2021, we reported that the Department of Justice (DOJ) had not published information on the use of its data assets by nongovernmental entities as required by the Open, Public, Electronic and Necessary Government Data Act. We recommended that DOJ develop and implement an agency-wide plan to collect and publish this information at least once a year. In response to our recommendation, DOJ developed the recommended agency-wide plan and published examples of how university students have used agency data assets. The plan states that DOJ will continue to publish data use information at least annually. Including this type of information on agency websites can help the public discover potentially relevant and high-value data sets.
Department of State The Secretary of the Department of State should, in coordination with the Chief Data Officer of the Department of State, develop and implement an agency-wide plan to provide an opportunity for the public to request specific data and make suggestions for the development of agency-wide criteria on prioritizing data assets for disclosure. (Recommendation 6)
Open
In February 2024, Department of State officials told us they plan to address this recommendation by (1) soliciting input on how the agency's data assets may be of use and (2) providing contact information for each data asset on the agency's public-facing website. The officials said that they plan to complete this work by June 30, 2024. They also confirmed that this is the same approach they plan to take to address our recommendation on assisting the public in expanding use of the agency's public data assets. In order to address this recommendation, Department of State officials will need to provide documentation that they have implemented their plans. We will continue to monitor the Department of State's progress to address this recommendation.
Department of State The Secretary of the Department of State should, in coordination with the Chief Data Officer of the Department of State, develop and implement an agency-wide plan for assisting the public in expanding the use of the Department's public data assets. (Recommendation 7)
Open
In February 2024, Department of State officials told us they plan to address this recommendation by (1) soliciting input on how the agency's data assets may be of use and (2) providing contact information for each data asset on the agency's public-facing website. The officials said that they plan to complete this work by June 30, 2024. In order to address this recommendation, Department of State officials will need to provide documentation that they have implemented their plans. We will continue to monitor the Department of State's progress to address this recommendation.
Department of State The Secretary of the Department of State should, in coordination with the Chief Data Officer of the Department of State, develop and implement an agency-wide plan to collect and publish information on the use of data assets by nongovernmental entities at least once a year. (Recommendation 8)
Open
In Febraury 2024, Department of State officials told us that they plan to work with the Data.gov team at the General Services Administration to publish information on the use of the agency's data assets by nongovernmental entities. They said that they plan to complete this work by December 31, 2024. In order to address this recommendation, Department of State officials will need to provide documentation that they have implemented their plans. We will continue to monitor the Department of State's progress to address this recommendation.
Federal Deposit Insurance Corporation The Chairman of FDIC should, in coordination with the Chief Data Officer of FDIC, develop and implement an agency-wide plan to collect and publish information on the use of data assets by nongovernmental entities at least once a year. (Recommendation 9)
Closed – Implemented
In December 2021, we reported that the Federal Deposit Insurance Corporation (FDIC) had not published information on the use of its data assets by nongovernmental entities as required by the Open, Public, Electronic and Necessary Government Data Act. We recommended that FDIC develop and implement an agency-wide plan to collect and publish this information at least once a year. In response to our recommendation, FDIC developed the recommended agency-wide plan and published survey results on nongovernmental users' experience and use of the agency's BankFind Suite data assets. The plan states that FDIC will continue to publish similar data use information at least annually. Including this type of information on agency websites can help the public discover potentially relevant and high-value data sets.
General Services Administration The Administrator of GSA should develop and implement procedures for determining user needs and conducting usability testing to ensure Data.gov addresses user needs, consistent with OMB guidance in M-17-06. (Recommendation 10)
Closed – Implemented
In GAO-22-104574, we reported that the General Services Administration (GSA) did not address user-centered design practices specified in OMB guidance. Specifically, although GSA engaged with users by soliciting and responding to user feedback and questions, the agency neither determined user needs nor had a plan to continually test the Data.gov website to ensure it addressed user needs. As a result, we recommended that GSA develop and implement procedures for determining user needs and conducting usability testing to ensure Data.gov addresses user needs, consistent with applicable guidance. In response to our recommendation, GSA developed and implemented a plan in 2022 to (1) determine Data.gov users' needs, (2) conduct usability testing of the website, (3) address issues discovered through this testing, and (4) periodically retest the Data.gov website to ensure that it continues to address user needs. By following user-centered design practices such as determining user needs and conducting usability testing, GSA officials can help ensure that Data.gov addresses user needs, as required by M-17-06, which aligns with key practices for transparently reporting federal data. These changes may make Data.gov more useful to data users seeking to discover or access federal open data than the website was before GSA took these corrective actions.

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