EMUNICIPALITY: LEGAL ISSUES AND CONCERNS IN THE IMPLEMENTATION OF EMUNICIPALITIES AND FINANCIAL TRAN

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E-MUNICIPALITIESBeirut February 2004

• E-MUNICIPALITY LEGAL ISSUES AND CONCERNS IN THE
  IMPLEMENTATION OF E-MUNICIPALITIES AND FINANCIAL
  TRANSACTIONS
• Mohamed Y. Alem
• Alem Associates
• Beirut - Lebanon

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• E-GOVERNMENT DEVELOPMENT

E-government Development requires the linking
between the Central Administration and the Local
Administration and therefore, their joint
development is imperative.
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IMPORTANCE OF MUNICIPALITIES

• Importance of Municipalities - Administration
• Representation of local communities
• Enhancement of local democracy
• Specificities of each community
• Specific duties/authority
• Closeness with citizens
• Administration/Interoperability (Central/Local
  agencies)

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MUNICIPALITIES IN LEBANON
MUNICIPALITIES ENJOY FINANCIAL AND
ADMINISTRATIVE AUTONOMY
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E-GOVERNMENTREGULATORY REFORM

• Removing legal barriers
• Creating favorable legal environment

E-government shall be first supported by local
laws and regulations for the sake of its
legitimacy and legality.
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MUNICIPAL AUTHORITY FOR ONLINE ACTIVITIES
Administrative Financial Autonomy Entitle the
Municipalities to adopt internal Policies for
Online Activities independently of any specific
E-government Law to be issued by the Lebanese
Government.
Still, without the creation of a FAVORABLE LEGAL
ENVIRONMENT, E-Municipalities would be costly,
risky and complicated to operate.
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PROPER LEGAL ENVIRONMENT ISSUES TO BE ADDRESSED

• Recognition of electronic Documents and
  Transactions
• Security and reliability
• Data privacy
• Freedom of information
• Cyber crime

DUTY OF THE GOVERNMENT
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RECOGNITION OF ELECTRONIC DOCUMENTS AND
TRANSACTIONS
Local laws and regulations shall create legal
certainties for transactions conducted in an
electronic format, ensuring the recognition and
functional equivalence between electronic and
paper-based transactions and providing for a
legal binding effect of such transactions
(recognition of data messages, electronic
signatures and electronic evidence).
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SECURITY AND RELIABILITY
Security Reliability
Integrity Ability to determine if a message or
other data has been altered from the initial
production till its final form. Confidentiality
Ability to prevent and detect unauthorized access
and attempts to access a message or
data. Non-Repudiation Undeniable proof of
participation by both (sender and receiver) in a
transaction.
ELECTRONIC SIGNATURE LAW
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DATA PRIVACY
Appropriate level of legal protection for
personal information.

• WHO STORES THE DATA
• THE PURPOSES OF SUCH STORAGE
• THE USE OF STORED DATA

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FREEDOM OF INFORMATION
The Publics right to reasonable access to
government information. Ensuring the right to
wide access to public information.
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CYBER CRIME
Adequate legal protection and enforceability of
laws and regulations against such crimes shall
contribute in making the cyberspace an adequate
and safe place for governments to conduct their
administrative functions and to provide for
services.
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BEST PRACTICES

• Consultation with stakeholders
• Single package of directives
• Guidance for implementation process
• Neutral Technical Approach

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E-MUNICIPALITY OPERATION

• INFORMATIVE
• The publishing of information online (directed
  and/or useful to third parties (citizens,
  individuals, businesses, etc.). Dissemination of
  municipal information to a wide audience
  (lessening geographical barriers, required time
  for such dissemination and optimizing
  transparency).
• Services related information
• Region related Information (Tourism, Investment,
  etc.)

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E-MUNICIPALITY OPERATION

• INTERACTIVE
• Allowing citizens to get involved in the
  governance process through enabling direct
  two-way communication (Municipality to Citizens)
  by means of e-mail (complaints, municipal
  processes, etc), discussion forums, municipal
  networks, etc. The use of such two-way electronic
  communication facilitates Citizens participation
  in the public decision-making process, thus
  enhancing democracy.

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E-MUNICIPALITY OPERATION
TRANSACTIONAL ICT is used to enable the
Municipalities to perform complete transactions
and to deliver services online. G2C G2B G2G
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E-MUNICIPALITY OPERATION
G2C and G2B transactions include the delivery of
basic services to citizens and business community
such as issuance and renewal of licenses,
permits, ID cards, filing and payment of taxes
and fines, e-procurement, etc. G2G transactions
relate to all government interagency transactions
(Central and Local governments and related
agencies and offices) such as inter-governmental
funds transfer, human resource management, etc.