ELECTRONIC GOVERNMENT legal aspects and applications Aikaterini Yiannoukakou MSc, PhD cand.

What is Electronic government Use of ICTs to: provide access to government information and services improve the quality of the services generalised participation in democratic process Re-engineering of operations and transformation of the entire working mentality of public administration's back office by adopting ICTs

Advantages of E-gov Increased efficiency and effectiveness Reduction of costs by eliminating the redundant procedures More qualitative and straight-forward services 24/7 seamless access Agency-independent customer-centric model Capability of the government to solve social problems

UN E-GOVERNMENT SURVEY 2012 E-government in 2012 UN E-GOVERNMENT SURVEY 2012

LEGISLATION & REGULATION Not application or services oriented Clearly describe long-term measures of employment Implications on Personal data Privacy Confidentially of transactions Integrity of information Records management Systems security Keep balance between surveillance, political correctness and social acceptance

UNITED STATES Employment of IT applications since early 1980s Leaders on e-government Adoption of private sector’s best practices Legislation common denominator Interconnect IT with agencies’ mission CIOs Discipline on IT expenditure Redesigning of inefficient administrative procedures Measurable methods of IT evaluation

UNITED STATES Paper Reduction Act of 1980 & 1995 1980: National framework on information collection & management Management policies Paperwork control Automated data processing Telecommunications 1995: Amendment by Clinton’s Presidency Incorporation of IT applications Reduce paperwork Coordinate information management policies Improvement of government information dissemination & use

UNITED STATES National Performance Review National policy referring to e-government 6 months of preparation Report “From Red-Tape to Results” Reduction of bugdet and procurement processes Decentralisation of human resources management Strengthening of State and local authorities Report “Re-engineering through Information Technology” Deployment of IT in the reform process Top priority

UNITED STATES Government Paperwork Elimination Act of 1998 Designation the full electronic information exchange with federal agencies Online submission and electronic filing Disclosure of information Enforceability and legal effect of electronic records Electronic Signatures in Global & National Commerce Law –the e-Sign Law

UNITED STATES E-Government Act of 2002 Manage IT practices government-wide Holistic approach to e-government by establishing: Office of E-Government (OEG) E-Government Fund E-government services and initiatives Federal Information Security Management Act (Title III) Confidential Information Protection & Statistical Efficiency Act In 2007 the E-Government Reauthorization Act amended and extended the activities through 2012

UNITED STATES Open Government Directive of 2009 3 principals of transparency, participation and collaboration Specific government-wide actions for: Publishing information online Improvement of information quality Culture of open government Policy framework for open government Preparation of open government plan incorporating the 3 principals by agencies

EUROPEAN UNION EU delayed to adopt an e-governement policy eEurope initiatives (eEurope, eEurope 2002, eEurope 2005, i2010 & Digital Agenda) Implementation of ICTs and Internet technologies Creation of an inclusive, integrated IS Bring Europe to digital age Accelerate the implementation of new economy based on IS Level off the disparities amongst Member-States

EUROPEAN UNION E-government Action Plans i2010 eGovernment Action Plan 5 priorities No citizen left behind Increasing the efficiency & effectiveness Implementation of high-key impact services Putting key enablers in place Participation of citizens to democratic process eGovernment Action Plan 2011-2015 Empower citizens and businesses Reinforce mobility in the Single Market Enable efficiency and effectiveness Create the preconditions to make things happen

EUROPEAN UNION Data Protection Directive 95/46/EC Regulates the processing of personal data in automated or not way Supports the free flow of personal data between Member-States 3 principals of: Transparency (Article 7a) Legitimate purpose (Article 6b) Proportionality (Article 6c)

EUROPEAN UNION Directive on Privacy & Electronic Communications 2002/58/EC Complimentary to 95/46/EC focusing to protection of fundamental rights and freedoms regarding the personal data protection in public electronic communications Confidentiality of information (Article 5) Traffic data (Article 6) Location data (Article 9) Spam (Article 13) Cookies (Article 5 §3)

EUROPEAN UNION Data Retention Directive 2006/24/EC Justification = Fight against terrorism and organised crime Traffic & Location data generated or processed by publicly available electronic communications services or networks should be retained for an estimated time of 6 to 24 months Stirred up several concerns and questions about its constitutionality

GREECE Since the mid 1990s, Greece adopted several Operational Programs which aimed to the re-engineering and modernisation of the public sector through IT All measures and actions had to conform with the initiatives adopted by EU However, the efforts weren’t always successful and some of them failed in the course of implementation.

GREECE Law 3979/2011 on e-GOVERNMENT Responsibilities and privileges of all sides involved as well as a defined framework on e-government Principals of legitimacy, good governance, transparency, authenticity, systems security, user-friendly applications, inclusion of special populational groups (Article 4 §1-7) Personal data privacy (Article 8 §1) in accordance with the Law 2472/1997 on personal data

GREECE Law 2472/1997 on Personal Data Protection Requirements for personal data processing by authorities No distinction between automated or not processing 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

GREECE Law 3471/2006 on Privacy & Electronic Communications Sector Complements Law 2472/1997 extending its provisions to public networks (Article 3 §1) Follows the guidelines of the corresponding Directive 200/58/EC on (Articles 4-12) Privacy Rules of processing Treatment of traffic and location data Spamming

GREECE Law 3917/2011 on Personal Data Retention Retention and availability of traffic and location data for identifying criminal activity Severity of crimes as specified under Law 2225/1994 (Article 5) Retention period 12 months (Article 6) Objections on the constitutionality of Law based on the Article 19 §1 of Greek Constitution

Concluding… ICTs introduction has revolutionised communications Legal framework should keep the balance between enabling communications, protecting the data subjects and preventing from intentional malpractice Methods of surveillance of our electronic communications are being increased by the years on grounds of terrorism fighting Do we real need all this legislation and regulation?

Thank you for your attention!