Saturday, October 24, 2009

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First Transparency Act, "electronic? Congress

So reads the title of article published in the Journal of Public Jose Luis Pinar, Professor of Administrative Law and former Director of the English Agency for Data Protection. While there are statements that do not fully share (about compliance with all current data protection legislation, clearly insufficient to Internet), I agree with the author in the need for the urgent adoption of a specific law on the subject, but with an important nuance.

In particular transparency today must necessarily be articulated through the use of electronic media because, otherwise, much of its functionality is lost. Moreover, not enough to simply disseminate the information in this way but also and above all, transparency must assume that information is effectively transparent to the public. Indeed, this demand reaches a reduplicated importance in relation to the functionality of transparency as an instrument of control of corruption, especially in urban, as the information should be provided in such a way that is understandable by citizens and not using a cryptic terminology through which mask the reality.

also accesbilidad transparency and administrative information should be such as to enable carrying out the regulatory provisions of reuse, which in these times will necessarily allow automatic processing of the same to enable companies and interested individuals to provide real added value services. No doubt the contributions of project brings, despite the redundancy, may be critical to this challenge ... Diego Beas This article in El Pais on the Government's plans Obama can give more of a clue.

Wednesday, October 14, 2009

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e-Government and Administrative Bylaws

Next week, on days 22 (Thursday) and 23 (Friday) will be held in Toledo International Congress " eGovernment as a new model of Public Administration " under the coordination of teachers UCLM Luis Ortega and Isaac Martin. The event is also part of the activities promoted by the ICT law Network coordinated by Professor Lorenzo Bone Cotino ; network that undoubtedly thanks to its momentum, has grown to become a benchmark in the events and publications related to this subject. Conference attendance is free, which certainly is an incentive to participate, taking into account also the prices that are envisaged in other activities on this subject. What are the fads!

Friday, October 9, 2009

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In recent months we have witnessed a hasty movement in the local area is the adoption of specific ordinances in the field of eGovernment. Beyond mere compliance with Law 11/2007 before December 31, 2009 and the controversy about how interpret the presence or absence of available funding, the process of technological modernization that are embedded in local authority should be seen as an opportunity to rethink the procedures and information flows, so that when it identifies the existence of an obstacle or barrier to effectiveness of administrative modernization in harnessing technology to resolve it. In particular, the use of electronic means can be a great opportunity to eliminate paperwork and documentation requirements, from practice, have proved unnecessary or inappropriate, giving technical parameters from more regulation appropriate. In particular, the right accorded to citizens under Article 35.f) of LRJAP-no longer produce documents held by the local authority, can be solved in a better measure if properly articulated system of access to electronic information all with full respect for the rules on data protection. Moreover, during this process can be detected and regulatory provisions, in general, legal guarantees are outdated and, therefore, need of an update from a technological perspective.

However, this approach can succeed only when you find the right leadership and support for authorities and staff to the municipal administration. In particular, it is essential that one of the team members push the government to take administrative modernization project as part of their powers, while it must provide a cross-sectional area of \u200b\u200bthe remaining functions of the councils, so that the whole organization receives its leading role in the process and the various energies can be channeled and special initiatives throughout the project. This dynamic is essential for the development of a municipal ordinance on the matter, so that the doubts and problems are solved in an efficient and motivated, driven to his leadership. No However, given the claim that the ordinance takes into account the conditions, limits and requirements of the administration, is also fundamental that has a team of contributors who provide the daily management perspective, being transcendental is not owned or exclusive or majority to municipal information service. Beyond

to effectiveness from this perspective, the effectiveness constitutionally required (Article 103) also calls for an interpretation from the perspective of the rights of citizens. Indeed, apart from the benefits and possibilities that technological modernization offers from an internal perspective, investment and the effort involved in e-government must be justified from a democratic perspective of citizen service, and in this sense, the ordinance should serve to define and strengthen its legal position in relations with the Administration. Otherwise, their confidence in the fears and risks of technology can be affected, even to be perceived as a threat rather than an opportunity. In this regard, overcoming the limitations and constraints imposed by technology, the possibilities of communication with citizens and these with the local authority to it from the widest possible perspective, with special emphasis in services that can provide added value to the citizen, as is the case with the regulation of electronic records.

Third, although in close connection with the above discussion, the adoption of the ordinance on eGovernment should be seen as an element to strengthen legal certainty, both from a management perspective and from an external account in relations with citizens. In this regard, it should express the need to ensure the submission to law and technology, from this perspective, the adoption of the ordinance, provided that you include appropriate estimates can be considered the occasion to show that legal safeguards are not an obstacle but rather a requirement and a requirement inexcusable.

Ultimately, the adoption of the ordinance eGovernment is an unavoidable requirement to comply with the provisions of the LAE, although, it must be noted that the new regulation is basic and certainly presents a complete and legal framework systematic, therefore, would adopt an ordinance based on a minimal approach, proceeding without the application of state regulation. However, since detailed, has introduced the LAE criteria mainly based on flexibility, so that sometimes, as with the identification and authentication, allows for different and multiple options must be specified in each municipality in addressing their needs and requirements, cases in which results from great importance to have a project and clearly defined institutional leadership. At other times, however, still requires the basic regulation is left to each local entity specific conditions and requirements to comply with the legal-case, for example, the electronic bulletin boards or / Virtual ads, so that the electronic instruments to adapt to local peculiarities, in particular, for each organization.