electronic government: legal aspects and applications

7/30/2019 Electronic Government: legal aspects and applications

1/23

Click to edit Master subtitle style

1/6/13

ELECTRONIC GOVERNMENT

legal aspects and applications

Aikaterini YiannoukakouMSc, PhD cand.


2/23

1/6/13What is Electronic government

Use of ICTs to:provide access to government

information and services

improve the quality of the servicesgeneralised participation in democratic

process

Re-engineering of operations and

transformation of the entireworking mentality of publicadministration's back office byadopting ICTs


3/23

1/6/13Advantages of E-gov

Increased efficiency andeffectiveness

Reduction of costs by eliminating

the redundant proceduresMore qualitative and straight-

forward services24/7 seamless accessAgency-independent customer-

centric modelCapability of the government to

solve social problems


4/23

1/6/13E-government in 2012

UN E-GOVERNMENT SURVEY 2012


5/23

1/6/13LEGISLATION & REGULATION

Not application or services oriented

Clearly describe long-term measures ofemployment

Implications on Personal data

Privacy

Confidentially of transactions

Integrity of information

Records management Systems security

Keep balance between surveillance, politicalcorrectness and social acceptance


6/23

1/6/13UNITED STATES

Employment of IT applications since early1980s

Leaders on e-government

Adoption of private sectors bestpractices

Legislation common denominator

Interconnect IT with agencies mission

CIOsDiscipline on IT expenditure

Redesigning of inefficientadministrative procedures

Measurable methods of IT evaluation


7/23

1/6/13

UNITED STATESPaper Reduction Act of 1980 &1995

1980: National framework oninformationcollection & managementManagement policies

Paperwork control

Automated data processingTelecommunications

1995: Amendment by ClintonsPresidency

Incorporation of IT applications Reduce paperwork

Coordinate information management policies

Improvement of government informationdissemination & use


8/23

1/6/13

UNITED STATESNational Performance Review

National policy referring to e-government

6 months of preparation

Report From Red-Tape to Results

Reduction of bugdet and procurementprocesses

Decentralisation of human resourcesmanagement

Strengthening of State and local authorities

Report Re-engineering throughInformation TechnologyDeployment of IT in the reform process

Top priority


9/23

1/6/13

UNITED STATESGovernment PaperworkElimination Act of 1998

Designation the full electronic informationexchange with federal agencies

Online submission and electronic filingDisclosure of information

Enforceability and legal effect ofelectronic records

Electronic Signatures in Global &National Commerce Law the e-SignLaw


10/23

1/6/13

UNITED STATESE-Government Act of 2002

Manage IT practices government-wide Holistic approach to e-government by

establishing:Office of E-Government (OEG)E-Government FundE-government services and initiativesFederal Information Security Management

Act (Title III)

Confidential Information Protection &Statistical Efficiency Act

In 2007 the E-GovernmentReauthorization Act amended andextended the activities through 2012


11/23

1/6/13

UNITED STATESOpen Government Directive of2009

3 principals of transparency,participationand collaboration

Specific government-wide actions for:

Publishing information onlineImprovement of information quality

Culture of open government

Policy framework for open government

Preparation of open government planincorporating the 3 principals byagencies


12/23

1/6/13EUROPEAN UNION

EU delayed to adopt an e-governementpolicy

eEurope initiatives (eEurope, eEurope2002, eEurope 2005, i2010 & Digital

Agenda) Implementation of ICTs and Internet

technologies

Creation of an inclusive, integrated IS

Bring Europe to digital ageAccelerate the implementation of new

economy based on IS

Level off the disparities amongst Member-

States


13/23

1/6/13

EUROPEAN UNIONE-government Action Plans

i2010 eGovernment Action Plan 5priorities

No citizen left behind

Increasing the efficiency & effectiveness

Implementation of high-key impact services

Putting key enablers in place

Participation of citizens to democraticprocess

eGovernment Action Plan 2011-2015Empower citizens and businesses

Reinforce mobility in the Single Market

Enable efficiency and effectiveness

Create the preconditions to make things


14/23

1/6/13

EUROPEAN UNIONData Protection Directive95/46/EC

Regulates the processing ofpersonal data in automated or notway

Supports the free flow of personaldata between Member-States

3 principals of:Transparency (Article 7a)Legitimate purpose (Article 6b)

Proportionality (Article 6c)


15/23

1/6/13

EUROPEAN UNIONDirective on Privacy & ElectronicCommunications 2002/58/EC

Complimentary to 95/46/EC focusingto protection of fundamental rightsand freedoms regarding the personal

data protection in public electroniccommunicationsConfidentiality of information (Article 5)

Traffic data (Article 6)

Location data (Article 9)Spam (Article 13)

Cookies (Article 5 3)


16/23

1/6/13

EUROPEAN UNIONData Retention Directive2006/24/EC

Justification = Fight against terrorismand organised crime

Traffic & Location data generated

or processed by publicly availableelectronic communicationsservices or networks should beretained for an estimated time of

6 to 24 monthsStirred up several concerns and

questions about its constitutionality


17/23

1/6/13GREECE

Since the mid 1990s, Greece adoptedseveral Operational Programs whichaimed to the re-engineering andmodernisation of the public sectorthrough IT

All measures and actions had toconform with the initiatives adopted byEU

However, the efforts werent alwayssuccessful and some of them failed inthe course of implementation.


18/23

1/6/13

GREECELaw 3979/2011 on e-GOVERNMENT

Responsibilities and privileges of allsides involved as well as a definedframework on e-government

Principals of legitimacy, goodgovernance, transparency, authenticity,systems security, user-friendlyapplications, inclusion of special

populational groups (Article 4 1-7)Personal data privacy (Article 8 1) in

accordance with the Law 2472/1997 onpersonal data


19/23

1/6/13

GREECELaw 2472/1997 on Personal DataProtection Requirements for personal data processing by

authorities

No distinction between automated or notprocessing

Personal data (Article 4) Sensitive data (Article 7)

Transborder transaction (Article 9)

Privacy of processing (Article 10)

Rights of subject data (Articles 11-14) Informative

Access

Objection

Temporary judicial protection


20/23

1/6/13

GREECELaw 3471/2006 on Privacy &Electronic Communications

Sector Complements Law 2472/1997extending its provisions to publicnetworks (Article 3 1)

Follows the guidelines of thecorresponding Directive 200/58/EC on(Articles 4-12)Privacy

Rules of processing

Treatment of traffic and location data

Spamming


21/23

1/6/13

GREECELaw 3917/2011 on Personal DataRetention

Retention and availability of trafficand location data for identifyingcriminal activity

Severity of crimes as specified underLaw 2225/1994 (Article 5)

Retention period 12 months (Article

6) Objections on the constitutionality of

Law based on the Article 19 1 ofGreek Constitution


22/23

1/6/13Concluding

ICTs introduction has revolutionisedcommunications

Legal framework should keep the balancebetween enabling communications,

protecting the data subjects and preventingfrom intentional malpractice

Methods of surveillance of our electroniccommunications are being increased by the

years on grounds of terrorism fightingDo we real need all this legislation and

regulation?


23/23

1/6/13

Thank you for yourattention!

electronic government: legal aspects and applications

Documents