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7/30/2019 Electronic Government: legal aspects and applications
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1/6/13
ELECTRONIC GOVERNMENT
legal aspects and applications
Aikaterini YiannoukakouMSc, PhD cand.
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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
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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
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1/6/13E-government in 2012
UN E-GOVERNMENT SURVEY 2012
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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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)
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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
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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.
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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
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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
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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
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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
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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?
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Thank you for yourattention!