Open Data: Additional Action Required for Full Public Access
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.
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
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 |
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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)
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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 December 2022, 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.
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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) |
In September 2022, AmeriCorps officials told us that they plan to publish agency data on Data.gov, the federal data catalog, before they begin to host relevant challenges, competitions, events, or other open data related initiatives to create additional value from public data assets of the agency. We will continue to monitor AmeriCorps's progress to address this recommendation.
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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) |
In September 2022, AmeriCorps officials told us that they plan to publish agency data on Data.gov, the federal data catalog, before they begin to develop an agency-wide plan to collect and publish information on the use of data assets by nongovernmental entities. We will continue to monitor AmeriCorps's progress to address this recommendation.
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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) |
In December 2022, DOJ partially implemented this recommendation by developing an agency-wide plan to host relevant challenges that would create additional value from its public data assets. To fully implement this recommendation, DOJ will need to show progress toward implementing its plan by hosting challenges. We will continue to monitor DOJ's actions taken in response to our recommendation.
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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) |
In December 2022, DOJ partially implemented this recommendation by developing an agency-wide plan to collect and publish information on the use of its data assets by nongovernmental entities at least once a year. To fully implement this recommendation, DOJ will need to provide support that it publishes information on the use of its data assets by non-governmental entities. We will continue to monitor DOJ's actions taken in response to our recommendation.
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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) |
In June 2022, Department of State officials told us that the agency's Enterprise Data Council -- which is responsible for implementing the agency's Enterprise Data Strategy -- will include on its agenda plans for providing the public with the opportunity to inform the agency of the most relevant and useful data assets for disclosure. They also stated that the Enterprise Data Council will develop a strategy to make more data assets gradually available, working with its bureaus to prioritize data assets for public release. As of December 2022, the Department of State has not provided GAO with documentation demonstrating that it has taken any of these planned actions, nor with a time frame for taking them. We will continue to monitor the Department of State's progress to address this recommendation.
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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) |
In June 2022, Department of State officials told us that the agency's Enterprise Data Council will explore ways to make the agency's open data assets discoverable, equitable, and easy to use. They also stated that the Enterprise Data Council will explore additional opportunities for expanding the use of the Department's public data assets through wider communication tools and improved data formats. As of December 2022, the Department of State has not provided GAO with documentation demonstrating that it has taken any of these planned actions, nor with a time frame for taking them. We will continue to monitor the Department of State's progress to address this recommendation.
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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) |
In June 2022, Department of State officials stated that the agency will engage with the Data.gov team at the General Services Administration to develop a plan to collect and publish information on the use of the agency's data assets by nongovernmental entities to the extent possible. As of December 2022, the Department of State has not provided GAO with documentation demonstrating that it has taken any of these planned actions, nor with a time frame for taking them. We will continue to monitor the Department of State's progress to address this recommendation
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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) |
In January 2023, FDIC told us that by the end of June 2023, FDIC plans to develop and implement an agency-wide strategy to collect and publish information on the use of data assets by nongovernmental entities at least once a year. We will continue to monitor FDIC's efforts to address this recommendation.
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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) |
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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