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Act Access to Information

seems that finally confirmed the rumors and this Friday will approve the long-awaited draft law Transparency and Citizen Access to Public Information (see news ). Certainly it is a standard necessity given as obscurantist culture that has traditionally inspired administrative practice in this area. However, without prejudice to me seems necessary, and consider the positive silence as an important, why can not fail to recall that precisely this setting has traditionally existed in the local area and, unfortunately for our democratic system has worked little or nothing ... when several years after a court ruling gave the reason the appellant and required that the Administration provide information. "
Unfortunately, we still have no access to the draft text, which appears to have been promptly leaked to the media in paradoxical example of access to information, not by the citizens (who are denying us access to both document and therefore, participation in the process of development of the standard) but for the media: I am convinced that such approaches are what should be changed beyond the necessary policy reforms, particularly taking into account the enormous potential Formenta technology offers effective participation. Why not set a mandatory one processing public information by electronic means, when rules are made that affect the legal status of citizens?
In short, do incorporate the proposed reform of the Penal Code criminalizing the conduct of public authority, being obliged to, refuse to hand over information even in cases of positive silence? Yes it did start to believe that the English government will be more transparent ... and therefore more democratic.

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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 ª 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 ...

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more regulatory developments in the LAE

The BOE today published a new standard developed by the provisions of Law 11/2007 in the field of State Administration, primarily as a result of the new regime of administrative intervention required by European legislation on free access to services: it is the Royal Decree 136/2010 of 12 February, amending the Royal Decree 772/1999 of May 7, which regulates the presentation of applications, documents and communications to the Central Government, the issue of copies of original documents and return and the system of registration offices . Actually it is a general rule in relation to actions carried out by the citizens, regardless of whether or not to use electronic means, but certainly has provisions that affect the electronic perspective as well:

• reference to single window electronic necessarily be as required by Directive 123/2996
• the requirement that the standard model that integrated into systems that allow electronic transmission of data and information required, an essential requirement if you intend to fully exploit the advantages that technology offers
• non-enforceability of certain documents to the person concerned, so that will be required obtaining directly from the entity who is the information, that certainly is an extension of the right enshrined in Art. 6.2.b) LAE and, above all, the provision of art. LAE 35.2

Finally, the new regulations on free access to service activities is assuming a new approach to police management activity (in the traditional physical sense), which ultimately must rest largely on the intensive use of electronic media. Return to this interesting take on another occasion.

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Finally one can conclude with the DNI-e a popular legislative initiative (ILP) Schemes

leave so long! At last I can now make public my appreciation for a story that can certainly contribute greatly to improving the mechanisms of direct democracy in Spain: Universidad de Murcia , through its Area of \u200b\u200bInformation Technologies and Communication ( ATTICA) with whom I had again the pleasure of working, has developed an application to facilitate the gathering of support for popular legislative initiatives through electronic ID that has the endorsement of the Central Electoral Board , as the resolution adopted on 28 January. In particular, the promoters of the initiative have been active members of the Promotion Committee of the ILP "Defend the transfer. We need a river signatures"

Although this is a possibility that already provided since 2006 Law regulating popular legislative initiatives, the fact is that Article 7.4 is merely stated that the signatures could be collected "as well as electronic signature in accordance with the stipulations of relevant legislation." In short little thing ...

still remember when, by such dates as far 2006, commented to my admired Mario Lopez de Avila and other popular "virtual" the possibilities offered by this reform, despite the legal constraints of the ILPs were conceived by the relevance of the matters excluded . However, I think the simple fact that the parliamentary groups are forced to speak to the concerns and concerns of citizens and is an achievement that should be highlighted in a political system characterized by the dominance of party politics that too often , is outside the reality and priorities of citizens.

But the great difficulty in presenting an ILP until now has determined that, despite an legislation since 1984, have been very limited where we have made use of this tool , because it was certainly difficult at first to get 500,000 signatures by using means "face" and, second, manage the entire process validation of the signatures collected. Therefore, the possibility that citizens can use an electronic ID to exercise this essential right must be considered a milestone of great importance, since these procedures are greatly simplified and, consequently, will facilitate the presentation of these initiatives.

Now the main difficulty for this type of initiative may be a lack of knowledge by citizens about the functioning of electronic ID certificates (I've tried it with my students and some day tell the details!), and in particular the shortage of users who have a card reader despite Red.es efforts to promote the use of electronic ID .

However, if we wanted to promote its use, here is a great opportunity, what would happen should there be an ILP regarding intellectual property and downloading files on the Internet? I am convinced that in this case the collection of 500,000 signatures would be a matter of days. Undoubtedly opens a new window, pun intended, which can fresh air into a necessary, albeit telematically: This is a clear example of how technology is not always a concern for the rights of citizens but, on the contrary, to rediscover and strengthen mechanisms almost forgotten.