Breaking Barriers to eGovernment

ACKNOWLEDGEMENTS The Breaking Barriers project team would like to thank all the members of the expert group for their valuable thoughts and comments that have helped to shape this document. They are: PREFACE This is a 'work in progress' report on the goals, initial findings, plans and background of the European Commission's Breaking the Barriers to eGovernment project 1 , which began in January 2005. It highlights how results from investigations in the project's first phase, including an online survey, are helping to clarify the most significant legal and organizational impediments to fulfilling the EU's eGovernment goals. This includes the initial identification of seven key types of barrier and the main legal foundations that can significantly facilitate or block successful eGovernment outcomes. Feedback 2 on the interim results presented here will be combined with further detailed studies and analyses to refine and develop the project's findings for our final report in December 2007. There are five parts to the document. • Part 1 is an executive summary that outlines: the project's aims; the key goals of eGovernment in the EU; the project's approach to investigating barriers to achieving these goals; and the key barriers and related legal issues identified at this stage. It also indicates the relative importance of barriers and their legal dimensions. • Part 2 summarizes the project team's view of the two main topics being investigated: the most significant categories of eGovernment barriers and the main legal dimensions to these blockages. • Part 3 discusses the methods employed in the project's investigations: a systematic review and analysis undertaken by the team's specialists; a recent online survey; plans for case studies; and ongoing consultations with stakeholders and expert workshops. The set of research questions guiding this work are also illustrated in this part. • Part 4 has papers by specialists among the project's partners that analyse in detail the main legal foundations underpinning the barrier categories discussed identified in Part 2. These cover eight prime legal dimensions: Administrative Law; authentication and identification; Intellectual Property Rights (IPR); liability; privacy and data protection; public administration transparency; relationships between public administrations, citizens and other ICT actors; and re-use of public sector information. • Part 5 contains references giving details of research and literature sources examined by the project team.

[1]  Michael G Maihofer,et al.  Reinvent the wheel. , 2005, The Journal of the Michigan Dental Association.

[2]  H. Margetts,et al.  Governing from the Centre? Comparing the Nodality of Digital Governments , 2006 .

[3]  Barry N. Hague,et al.  Digital Democracy: Discourse and Decision Making in the Information Age , 2005 .

[4]  Mark Cenite Code and Other Laws of Cyberspace , 2000 .

[5]  K. Holzinger The Problems of Collective Action: A New Approach , 2003 .

[6]  Ingemar J. Cox,et al.  The web structure of e-government - developing a methodology for quantitative evaluation , 2006, WWW '06.

[7]  Elizabeth F. Judge Crown Copyright and Copyright Reform in Canada , 2005 .

[8]  Jos Dumortier,et al.  Directive 1999/93/EC on a community framework for electronic signatures , 2002 .

[9]  Ivan Horrocks,et al.  Democratic Governance and New Technology: Technologically Mediated Innovations in Political Practice in Western Europe , 2000 .

[10]  W. Martin The Global Information Society , 1995 .

[11]  David G. Post The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed , 2006 .

[12]  Herbert Burkert,et al.  Some Preliminary Comments on the DIRECTIVE 95/46/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. , 1996 .

[13]  M. Bovens,et al.  Information Rights: citizenship in the information society , 2002 .

[14]  D. Bainbridge Data protection , 2000 .

[15]  Alan R. White,et al.  Taking Rights Seriously. , 1977 .

[16]  N. Nugent,et al.  European Commission , 1993, European Energy and Environmental Law Review.

[17]  Comments on the Communication of the Commission on interoperability of European databases , 2006 .

[18]  For What Purpose , 2000 .

[19]  William H. Dutton,et al.  The cyber trust tension in E-government: Balancing identity, privacy, security , 2005, Inf. Polity.

[20]  H. Margetts Information Technology in Government: Britain and America , 1998 .

[21]  R. Freeman The Labour Market in the New Information Economy , 2002 .

[22]  B. Barber Strong Democracy: Participatory Politics for a New Age , 1985 .

[23]  T. H. Marshall,et al.  Citizenship and Social Class , 1987 .

[24]  Luo Hua-feng,et al.  On the Legal Protection of Databases , 2007 .

[25]  Josef Makolm Registers as Part of Back Office Integration: The Austrian Experience , 2004, EGOV.

[26]  Jos Dumortier,et al.  The legal and market aspects of electronic signatures , 2003 .

[27]  Lynette I. Millett,et al.  Authentication, Privacy, and the Federal E-Government , 2005, Inf. Soc..

[28]  James S. Fishkin,et al.  The Voice of the People: Public Opinion and Democracy , 1995 .

[29]  Brian Fitzgerald,et al.  FLOSS as Democratic Principle , 2006 .

[30]  W. N. Hohfeld,et al.  Fundamental Legal Conceptions , 1923 .

[31]  Jonathan P. Aus,et al.  Eurodac: A Solution Looking for a Problem? , 2006 .

[32]  P. Panayiotou Electronic governance for the Lands and Surveys Department in Cyprus , 2003 .

[33]  William J. McIver,et al.  The Internet and the right to communicate , 2003, First Monday.

[34]  Michael Geist In the Public Interest: The Future of Canadian Copyright Law , 2005 .

[35]  W. Dutton,et al.  Trust in the Internet: The Social Dynamics of an Experience Technology , 2003 .

[36]  Idabc European Interoperability Framework for Pan-European eGovernment Services , 2004 .

[37]  Lawrence A. Hamilton,et al.  The Political Philosophy of Needs , 2003 .

[38]  Nick Moore,et al.  Rights and Responsibilities in an Information Society , 1998, J. Inf. Law Technol..