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Chapter 11: The Legal Framework for e-Government
In this chapter:
Laws designed for the paper world can hinder implementation of e-Government; conversely, legal reforms can facilitate the development of e-Government. At the least, countries implementing e-Government strategies should examine their legal framework to ensure that there are no barriers to putting information and services online. Beyond that, there are a number of reforms that governments may take to facilitate the implementation of e-Government.
These reforms may have to go well beyond laws specifically affecting government electronic information systems. The accessibility of e-Government depends on the diffusion and affordability of access to the ICT infrastructure, which in turn depends on the regulatory framework for telecommunications and ICT services. Other issues affecting e-Government – particularly the legal validity of electronic documents, cyber-security, privacy and the availability of online payment mechanisms – are related to the framework for e-Commerce. Still other issues that may relate specifically to government documents – interoperability and the right of citizens to access government information – may be addressed most effectively on a government-wide basis by national laws or policies.
Almost all of the issues addressed in this Toolkit have a legal element, since they all involve questions of what government agencies are permitted or required to do in making information and services accessible online. The legal issues that e-Government planners may have to address include:
Countries may respond to these questions comprehensively by adopting specific legislation on e-Government. For example, Finland has adopted an “Act on Electronic Services and Communication in the Public Sector.” Italy has formalized its e-Government strategy in the Public Administration Digital Code. The Code works as a “Digital Constitution.” Through its more than 70 articles, it states all the rights/duties, principles and perspectives of Italian citizens within the information society. Alternatively, countries can address legal issues concerning e-Government incrementally, in laws or policy documents concerning e-Government specifically or in legislation or normative acts dealing with online transactions generally.
- The Broader Context of Telecomm and ICT Policy
- Laws on Electronic Documents and E-Signatures
- Laws on Access to Government Information
- The e-Government Policy, Law and Regulation Survey Project
Laws designed for the paper world can hinder implementation of e-Government; conversely, legal reforms can facilitate the development of e-Government. At the least, countries implementing e-Government strategies should examine their legal framework to ensure that there are no barriers to putting information and services online. Beyond that, there are a number of reforms that governments may take to facilitate the implementation of e-Government.
These reforms may have to go well beyond laws specifically affecting government electronic information systems. The accessibility of e-Government depends on the diffusion and affordability of access to the ICT infrastructure, which in turn depends on the regulatory framework for telecommunications and ICT services. Other issues affecting e-Government – particularly the legal validity of electronic documents, cyber-security, privacy and the availability of online payment mechanisms – are related to the framework for e-Commerce. Still other issues that may relate specifically to government documents – interoperability and the right of citizens to access government information – may be addressed most effectively on a government-wide basis by national laws or policies.
Almost all of the issues addressed in this Toolkit have a legal element, since they all involve questions of what government agencies are permitted or required to do in making information and services accessible online. The legal issues that e-Government planners may have to address include:
- The sharing of data within and across government departments;
- The legal validity of electronic documents, including whether documents submitted to the government electronically are legally binding and satisfy requirements that forms or declarations be filed “in writing;”
- The public’s right of access to government records;
- The ability to contract with the private sector for the creation maintenance of government information systems;
- Privacy and security obligations;
- E-payment;
- Criminal laws defining cyber attacks and other crimes that affect electronic data or networks.
Countries may respond to these questions comprehensively by adopting specific legislation on e-Government. For example, Finland has adopted an “Act on Electronic Services and Communication in the Public Sector.” Italy has formalized its e-Government strategy in the Public Administration Digital Code. The Code works as a “Digital Constitution.” Through its more than 70 articles, it states all the rights/duties, principles and perspectives of Italian citizens within the information society. Alternatively, countries can address legal issues concerning e-Government incrementally, in laws or policy documents concerning e-Government specifically or in legislation or normative acts dealing with online transactions generally.