Legal Framework and Critical Success Factors of eGovernment

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Legal Framework and Critical Success Factors
ofe-Government
Electronic Media and Law


ECLET Meeting 28-29 October 2005 Wroclaw
University, Poland

• Adjunct Professor, Dr. Ari-Veikko Anttiroiko
• University of Tampere, Finland

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The Concept of e-Government

• e-Government refers to those aspects/operations
  of government in which ICTs are utilized.
• e-Government aims to
• - increase efficiency in administrative
  processes
• - guarantee easy access to information for all
• - provide quality e-services
• - enhance democracy with the help of new
  institutional arrangements and technological
  mediation tools.
• Anttiroiko, A.-V. (2005). Democratic
  E-Governance. In M. Khosrow-Pour (Ed.)
  Encyclopedia of Information Science and
  Technology, Volume I-V (pp. 791-796). Hershey,
  PA Idea Group Reference.

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Expected Benefits

• Better access to information and services
• Improved quality of public service
• Better conditions for interaction
• New forms of citizen participation
• More accountable government
• More cost-effective government

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Managing e-Transformation

• Rule 1 Why e-Government?
• Rule 2 e-Readiness assessment
• Rule 3 Political and cultural climate
• Rule 4 Reengineering processes
• Rule 5 Adjusting ICTs to local conditions
• Rule 6 Involving local stakeholders
• Rule 7 Managing e-Government projects

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e-Government Development Stage Model

• Emerging Few independent official sites,
  limited, static information
• Enhanced Content and information is updated with
  greater regularity
• Interactive Users can download forms, contact
  officials and make appointments and requests
• Transactional Users can pay for services or
  conduct financial and other transactions online
• Seamless Total integration of e-functions and
  e-services across administrative and departmental
  boundaries.

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Development of e-Government in 2003
Accenture e-Government Leadership Engaging the
Customer, 2003.
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User-friendly Interfaces and Platforms
Source Sitra 1998
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Basic Model of Local e-Government
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Major Challenges

• Critical mass and e-readiness
• Added value of e-governance solutions
• Citizen-centredness
• Citizens and customers preferences first!
• Multi-channel solutions
• Reengineering government
• New ways of doing things with the help of ICTs

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Success Factors

• Five elements of successful e-government
  transformation
• Process reform
• Leadership
• Strategic investment
• Collaboration
• Civic engagement
• E-Government Handbook for Developing
  Countries (Nov 2002)

Factors for success for local e-government Applica
tions Organisation Technical solutions Costs and
benefits Qualification Marketing Cooperation Lega
l aspects Resources Vision and strategy DIFU/B
usso Grabow, Helmut Drüke, Christine Siegfried
2002
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Legal Regulation and e-Governmentthe Case of
Finland

• The general principle the whole legal system
  that regulates government and its operations
  concerns also e-government.
• IS development and e-transformation in public
  sector cause tensions that need to be addressed
  within the legal system.

Market-based solutions vs. the principles of
equality and universal service
Openness vs. privacy
Increased co-operation between authorities vs.
citizens self-determination and data protection
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Preconditions and Principles

• Building blocks of the development of
• e-government in Finland
• Trust in public institutions
• Trust in technological solutions
• Flexibility of legislation
• No unnecessary restrictions or rules that would
  prevent the development of e-government
• Decentralised system of public administration
• Principles of good governance openness,
  transparency, responsiveness etc.

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Government Decisions-in-Principle

• Government decision-in-principle on electronic
  transactions, development of services and
  reduction of data-gathering of 5 February 1998
• It was decided that
• The Population Register Centre will be the
  certification authority responsible for issuing
  and maintaining citizen ID cards.
• The citizen card will be implemented and brought
  to use in 1999.
• The Minister of Justice and other Ministries will
  prepare the required legislation by 30 June 1999.
  
• A public administration directory service
  including e-mail addresses and other necessary
  contact information shall be implemented by the
  end of 1998.
• Information on central services is available on
  the Internet and significant proportion of
  applications forms and requests can be instituted
  electronically by the year 2001.
• On 2 March 2000 Council of State made a
  decision-in-principle on information management.
  The decision put special emphasis on development
  of interoperability, joint services and
  co-operation between agencies
• On 11 November 1999 Government made a
  decision-in-principle on information security

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e-Government-related regulationA tentative
typology
Two basic approaches Revision of existing acts
vs. enactment of a special law to superimpose all
affected acts.

• Basic legal framework (Constitution etc.)
• Statutes that relate to overall informatisation
  and medialisation of society (e-transformation of
  society)
• Core statute e-Government Act
• e-Government-related special statutes

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Basic legal framework

• Basic legal framework of e-government
• Constitution 731/1999
• Administrative Procedure Act 434/2003
• Local Government Act 365/1995
• Language Act 423/2003
• Archive Act 831/1994 etc.
• -gt All these concern public administration and
  civic rights, including e-government services and
  their usage.

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e-Transformation of society

• Information society development and medialisation
• have increased a need for new legislation.
• Focus on knowledge infrastructure and its
  fundamental elements at national, EU and intl
  levels
• Impact of international regulation WIPO etc.
• Impact of the EU Directive 95/46/EC on the
  protection of individuals with regard to the
  processing of personal data and 2000/31/EC on
  legal aspects of IS services and a range of other
  directives
• At national level in Finland e.g. Personal Data
  Act 523/1999 and Act on the Openness of
  Government Activities 621/1999 (incl. data
  management issues)

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e-Government Act
Basic law on e-government

• First law on electronic transactions in
  administration was given in 1999 (repealed)
• Law on electronic transactions with public
  authorities 13/2003
• Organisation and processing of e-services
• Transferring electronic messages
• e-Notifications etc.

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Law on electronic transactions with public
authorities 24.1.2003/13

• Aim to increase smoothness and security in the
• usage of public electronic services.
• Ch. 1 General
• Ch. 2 Duties of public authorities
• Ch. 3 Sending electronic messages
• Ch. 4 e-Signature and e-notification
• Ch. 5 Miscellaneous provisions
• Ch. 6 Entry into force

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e-Government-related legislation

• e-Government Act
• Law on electronic transactions with public
  authorities 13/2003
• e-Government-related legislation
• Law on electronic signatures 14/2003
• incl. certification
• cf. Directive 1999/93/EC
• Law on identity card 829/1999
• Amendments, such as amendment of the Population
  Data Act 527/1999

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OECDs Country Case

• OECD Finland. OCED E-Government Studies. Paris
  OECD, 2003.
• Setting the regulatory framework
• Finnish government has taken major steps to set
  the regulatory framework for ensuring the full
  equivalence of electronic and paper processes by
  enacting legislation on electronic
  identification, data exchange and
  authentication. (p. 12, underline added)

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OECDs Country Case

• OECD Finland. OCED E-Government Studies. Paris
  OECD, 2003.
• Fragmented regulation
• With regard to technical standards, the
  government is providing the necessary guidance,
  but there is also a need to clarify and better
  diffuse existing regulations in order to avoid
  duplication and unnecessary regulation.
  Fragmented regulations, in fact, have resulted in
  confusion and uncertainty over their content.
  (p. 13)

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OECDs Country Case

• OECD Finland. OCED E-Government Studies. Paris
  OECD, 2003.
• Concerns about privacy of personal data
• The use and delivery of data are protected by
  law and an independent authority ensures the
  respect of privacy rules, though confidence
  remains weak in the ability of ministries and
  agencies to develop technical solutions to
  deliver secure services. (p. 13)

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Legal Framework and e-Government

• Development stages of e-government and
  legislation what are the legal requirements of
  transforming from a lower level to a higher level
  of e-government development

• e-Readiness and legal regulation motivation,
  skills, access? Access to e-services as a
  universal service?

• Legislation and critical mass of users should
  legislation boost e-govt development or focus on
  protecting citizens and controlling public
  authorities? (Developmentalism vs. legality or
  rule of law)

• Legal preconditions of reengineering internal
  operations vs. external relations and
  transactions?

• Legal preconditions of new turns in e-government,
  such as m-government or u-government?

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Thank you for your attention!