1. ELECTRONIC GOVERNMENT legal aspects and applications
Aikaterini Yiannoukakou
MSc, PhD cand.

2. What is Electronic government
Use of ICTs to:
provide access to government information and services
improve the quality of the services
generalised participation in democratic process
Re-engineering of operations and transformation of the entire working mentality of public administration's back office by adopting ICTs

3. Advantages of E-gov Increased efficiency and effectiveness
Reduction of costs by eliminating the redundant procedures
More qualitative and straight-forward services
24/7 seamless access
Agency-independent customer-centric model
Capability of the government to solve social problems

4. UN E-GOVERNMENT SURVEY 2012
E-government in 2012
UN E-GOVERNMENT SURVEY 2012

5. LEGISLATION & REGULATION
Not application or services oriented
Clearly describe long-term measures of employment
Implications on
Personal data
Privacy
Confidentially of transactions
Integrity of information
Records management
Systems security
Keep balance between surveillance, political correctness and social acceptance

6. UNITED STATES Employment of IT applications since early 1980s
Leaders on e-government
Adoption of private sector’s best practices
Legislation common denominator
Interconnect IT with agencies’ mission
CIOs
Discipline on IT expenditure
Redesigning of inefficient administrative procedures
Measurable methods of IT evaluation

7. UNITED STATES Paper Reduction Act of 1980 & 1995
1980: National framework on information collection & management
Management policies
Paperwork control
Automated data processing
Telecommunications
1995: Amendment by Clinton’s Presidency
Incorporation of IT applications
Reduce paperwork
Coordinate information management policies
Improvement of government information dissemination & use

8. UNITED STATES National Performance Review
National policy referring to e-government
6 months of preparation
Report “From Red-Tape to Results”
Reduction of bugdet and procurement processes
Decentralisation of human resources management
Strengthening of State and local authorities
Report “Re-engineering through Information Technology”
Deployment of IT in the reform process
Top priority

9. UNITED STATES Government Paperwork Elimination Act of 1998
Designation the full electronic information exchange with federal agencies
Online submission and electronic filing
Disclosure of information
Enforceability and legal effect of electronic records
Electronic Signatures in Global & National Commerce Law –the e-Sign Law

10. UNITED STATES E-Government Act of 2002
Manage IT practices government-wide
Holistic approach to e-government by establishing:
Office of E-Government (OEG)
E-Government Fund
E-government services and initiatives
Federal Information Security Management Act (Title III)
Confidential Information Protection & Statistical Efficiency Act
In 2007 the E-Government Reauthorization Act amended and extended the activities through 2012

11. UNITED STATES Open Government Directive of 2009
3 principals of transparency, participation and collaboration
Specific government-wide actions for:
Publishing information online
Improvement of information quality
Culture of open government
Policy framework for open government
Preparation of open government plan incorporating the 3 principals by agencies

12. EUROPEAN UNION EU delayed to adopt an e-governement policy
eEurope initiatives (eEurope, eEurope 2002, eEurope 2005, i2010 & Digital Agenda)
Implementation of ICTs and Internet technologies
Creation of an inclusive, integrated IS
Bring Europe to digital age
Accelerate the implementation of new economy based on IS
Level off the disparities amongst Member-States

13. EUROPEAN UNION E-government Action Plans
i2010 eGovernment Action Plan 5 priorities
No citizen left behind
Increasing the efficiency & effectiveness
Implementation of high-key impact services
Putting key enablers in place
Participation of citizens to democratic process
eGovernment Action Plan
Empower citizens and businesses
Reinforce mobility in the Single Market
Enable efficiency and effectiveness
Create the preconditions to make things happen

14. EUROPEAN UNION Data Protection Directive 95/46/EC
Regulates the processing of personal data in automated or not way
Supports the free flow of personal data between Member-States
3 principals of:
Transparency (Article 7a)
Legitimate purpose (Article 6b)
Proportionality (Article 6c)

15. EUROPEAN UNION Directive on Privacy & Electronic Communications 2002/58/EC
Complimentary to 95/46/EC focusing to protection of fundamental rights and freedoms regarding the personal data protection in public electronic communications
Confidentiality of information (Article 5)
Traffic data (Article 6)
Location data (Article 9)
Spam (Article 13)
Cookies (Article 5 §3)

16. EUROPEAN UNION Data Retention Directive 2006/24/EC
Justification = Fight against terrorism and organised crime
Traffic & Location data generated or processed by publicly available electronic communications services or networks should be retained for an estimated time of 6 to 24 months
Stirred up several concerns and questions about its constitutionality

17. GREECE
Since the mid 1990s, Greece adopted several Operational Programs which aimed to the re-engineering and modernisation of the public sector through IT
All measures and actions had to conform with the initiatives adopted by EU
However, the efforts weren’t always successful and some of them failed in the course of implementation.

18. GREECE Law 3979/2011 on e-GOVERNMENT
Responsibilities and privileges of all sides involved as well as a defined framework on e-government
Principals of legitimacy, good governance, transparency, authenticity, systems security, user-friendly applications, inclusion of special populational groups (Article 4 §1-7)
Personal data privacy (Article 8 §1) in accordance with the Law 2472/1997 on personal data

19. GREECE Law 2472/1997 on Personal Data Protection
Requirements for personal data processing by authorities
No distinction between automated or not processing
Personal data (Article 4)
Sensitive data (Article 7)
Transborder transaction (Article 9)
Privacy of processing (Article 10)
Rights of subject data (Articles 11-14)
Informative
Access
Objection
Temporary judicial protection

20. GREECE Law 3471/2006 on Privacy & Electronic Communications Sector
Complements Law 2472/1997 extending its provisions to public networks (Article 3 §1)
Follows the guidelines of the corresponding Directive 200/58/EC on (Articles 4-12)
Privacy
Rules of processing
Treatment of traffic and location data
Spamming

21. GREECE Law 3917/2011 on Personal Data Retention
Retention and availability of traffic and location data for identifying criminal activity
Severity of crimes as specified under Law 2225/1994 (Article 5)
Retention period 12 months (Article 6)
Objections on the constitutionality of Law based on the Article 19 §1 of Greek Constitution

22. Concluding… ICTs introduction has revolutionised communications
Legal framework should keep the balance between enabling communications, protecting the data subjects and preventing from intentional malpractice
Methods of surveillance of our electronic communications are being increased by the years on grounds of terrorism fighting
Do we real need all this legislation and regulation?

23. Thank you for your attention!