eGovernment and territorial decentralization
few weeks ago I invited the Catalan Data Protection to give a presentation at a conference on privacy and Data Protection the autonomous State, which gave me feet again to reflect on some ideas which I will summarize, perhaps more systematically than in the past.
Certainly, administrative modernization must arise from an undeniable reality: the English public organization has as one of its underlying principles of decentralization of powers. However, the technology is a true (and sometimes quite subtle) increased centralization, therefore, involves a tension with its own administrative reality that the state of the autonomies. So on the one hand, it should be noted that Law 11/2007 has been a marked increase the basic rules on the matter, despite some really unjustified absences from the security required by article 149.1.18 ยช Constitutional Text (articles 34 on the simplification and automation would be 39 on the paradigmatic examples). In addition, the National Scheme of interoperability, demand unavoidable for the effectiveness of the legal, means to attribute to the state Government competition that is lacking in the traditional administration. Or, without limitation, the validation of electronic signature certificates through the application and the conditions imposed by the General State Administration (hereinafter @ Sign) and, in general, access to certain services through the Red SARA, determines that lower authorities (local, university ...) depend on the upper to implement technological innovation projects, without any effective normative guarantee of accessibility. But, however, the different level of enforcement of rights which brought about the third final provision of Law 11/2007 is one of the main difficulties that has to deal eGovernment in Spain, since not only that certain people can be or not holders of certain rights but also that diversity can influence the performance of other Government. It is, at least in my opinion, a flawed understanding of the scope of the regional powers, in particular as regards the self-organization that ultimately, it is understandable to see how the negotiations went before the State consensus -autonomous in relation to the final draft of the bill, while early versions of the draft was not limited to, autonomic request additional funds for the implementation of the Law determined that the State's response will take the form reduction in the enforcement of rights of citizens to the regional administrations and local. Indeed, operating under this approach in other fields of application of administrative action, the state legislature would be unable to recognize citizens' rights ...