(Ministry of Information and Communication Technologies, Decree 1389 of 2022, 07/28/2022)

On July 28, 2022, the Ministry of Information and Communications Technologies (hereinafter "MinTIC") issued Decree 1389 of 2022, which seeks to establish general guidelines for data infrastructure governance and the creation of a Data Governance Model, in accordance with the Digital Government Policy. In this sense, the Decree establishes the following:

• General guidelines to strengthen the governance of the data infrastructure: The Decree establishes punctually as obligated subjects the entities that make up the Public Administration and individuals that perform public or administrative functions. In any case, private legal entities may apply the guidelines, provided that their implementation is not contrary to their nature and to the provisions that regulate their activity or service. Additionally, it is stipulated that the obligated entities must develop and incorporate technical, human and administrative capacities to guarantee the development and implementation of the provisions of the Data Infrastructure, defined as the set of shared, dynamic and standardized resources, arranged by different actors that enables the permanent provision of data for its use and generation of social, economic and/or public value. Finally, the principles of Adaptability, Coordination, Efficiency and User Focus are introduced for the implementation of data infrastructure governance.
• Data Infrastructure Governance Model: The Decree defines this Model as the set of political, technical, legal and organizational elements that allows the articulation of actors, instances, norms, policies, plans, programs, strategies, methodologies, commitments, processes and procedures to implement, strengthen and manage the data infrastructure. The objectives of this governance model are: (i) Define the actors, instances, norms, policies, plans and projects, to implement, strengthen, manage and provide sustainability to the data infrastructure; (ii) Promote the common understanding of data under the infrastructure concept; (iii) Facilitate inter-institutional coordination among multiple stakeholders, including representatives of the public and private sector, academia and civil society organizations; iv) Strengthen the technical, human and administrative capacities of the different stakeholders for the adoption of common approaches to data; and v) Articulate inter-institutional efforts for the implementation and updating of the roadmap of the National Data Infrastructure Plan, or the one that takes its place, based on the competencies and capacities of each stakeholder.

Additionally, the Decree establishes the following main levels for the development of the Model:

1. Strategic level: The policies, strategies and priorities for the development of the data infrastructure, the long-term objectives and the way in which the stakeholders should interact with each other are defined. This level will be made up of the National Data Coordination, led by the National Data Coordinator, and the National Data Committee.
2. Tactical level: Plans, programs, initiatives, projects, processes and procedures are developed to achieve the objectives defined by the strategic level and control of the management carried out by the operational level. This level will be made up of the Data Administrators, a role exercised by the unit or officer of the management level of the obligated parties, the working groups made up of assigned representatives of the multiple parties, and the technical support for the development of the Model made up of a team provided by the MinTIC.
3. Operational/operational level:The guidelines, activities and tasks defined in the plans, initiatives, projects and procedures agreed by the tactical level are implemented and carried out. This level will be made up of officials who are directly related to the creation, processing, storage, exchange, use and analysis, archiving and preservation of data in all areas and levels of government.

Finally, the Decree establishes the importance for the regulated entities to implement measures to strengthen the education, training and appropriation of data culture within their organizations and in their relations with the different stakeholders.