1. The Italian legislation relating to the employment of Information and Communication Technologies in Public Administration

2. Technologic innovation and P.A.
Technologic innovation and legislative evolution.
Constitutional principles:
In the Italian Constitution;
The principles underlying the smooth running and impartiality of P.A.;

3. Art. 117, paragraph 2, letter R) of the Constitution
The State has legislative competence relating to the computer-aided coordination of data coming from national, regional or local administrations
The Regions and the local self-governing Authorities have the power to organize themselves in respect of the general principles of the State
Other normative tools: Laws, Regulations, Ministerial Decrees

4. Legislative evolution
Legislative Decree No. 39 of 1993:
It introduced the first rules regarding the “automated information systems of the P.A.”
It instituted AIPA (Authority for Information technology in Public Administration; later becoming CNIPA)
Law No. 59 of 1997
It expressly claimed the legal validity of electronic documents, their storage and their telematic transmission
DPR (regulations) No. 513 of 1997:
It settled the general rules for electronic documents and for digital signatures

5. … Follows: DPR 445/2000 Unified code on administrative documentation
Joint unified code (containing both legislative and regulation rules): it collected the pre-existing rules
It contains a discipline which also applies to private subjects
On electronic documents
On the transmission of electronic documents
On digital copies and reproductions
On digital signatures

6. The technical rules Special flexibility needs
The necessity of appropriate normative tools
The subjects
CNIPA (National Centre for Information technology in Public Administration)
Minister for Innovation and Technologies (ex. Law on technology and disability)
The Public Connectivity System
It connects the networks of national, regional and local Administrations on the basis of shared technical standards

7. The new Digital Administration Code
THE NEW DIGTAL ADMINISTRATION CODE :
it shall come into force on January 1st, 2006
It sets rules regarding to:
Digitalization of the P.A.
Legal validity of electronic documents and digital signatures
The rights of citizens and enterprises on Public Administration
P.A. services provided by telematic means (thus giving citizens the right to obtain them in this form)

8. The basic contents of the Code
Chapter I of the Code features:
In section I, the definitions
In section II, the rights of citizens and enterprises
In section III, the organization of P.A.s and the relationships among the State, the Regions and local self-governing Authorities
In Chapter II:
In section I, the rules applying to electronic documents
In section II, digital signatures and certificators
In section III, contracts, payments and accounting deeds

9. The basic contents of the Code
In Chapter III:
Creation, management and storage of electronic documents
In Chapter IV:
The digital transmission of such documents
In Chapter V:
In section I, the data produced by the P.A.
In section II, data usability
In section III, network services
In section IV, digital cards

10. The basic contents of the Code
In Chapter VI:
Development, acquisition and reuse of computer systems in P.A.s
In Chapter VII:
The technical rules
In Chapter VIII:
Transitory, final and abrogating provisions

11. The use of ICT in P.A. Provisions regarding all Administrations
In respect of the organizational autonomy of Regions and local self-governing Authorities
Several rules also apply to private subjects
Indeed a revolution for P.A.
The innovation involves both Front-office
And Back-office

12. Relationship between P.A. and citizens
The Code acknowledges the citizens the right
To use telematic technologies to communicate with P.A.s
At the moment it is only binding on Central Administrations
Dynamic role of the P.A.
In the Code, the P.A. is considered mainly a service provider
No useless bureaucratic constrictions
Positive impulse for the system

13. The citizens’ rights In particular:
Use of telematic technologies to communicate with the P.A.
Telematic payments (to all P.A.s starting June 30, 2007)
Involvement in the administrative process and right to access to documents remotely (see also Law 241/1990)
Promotion of forms of e-democracy
Initiatives to promote computer literacy

14. The enterprises’ rights
Computerization of unified service-desks for enterprises
Not yet computerized to this day
Creation of a “Digital registry of enterprise fulfillments”
Held by the Ministry for Productive Activities
Viewable on-line

15. Development, acquisition and reuse of computer systems in P.A.s
The sharing of ideas
A form of synergy between market economy and P.A.
The enterprises propose the project
They can later tender for the public contract regarding its achievement
Acquisition and maintenance of computer systems
Both commercial operating systems
And “open source”

16. The National Centre for Information technology in Public Administration
The functions of CNIPA:
Gives advice on major contracts regarding e-services
Sets the technical rules for the use of new technologies
Schedules digitalization processes
Delivers technical assistance to P.A.s
Acts as a contractor (thanks to its contacts with ICT enterprises)
In charge of the computer systems of Central Admin.s