(From Computer Point 8 January 2008)

The use of info-telecommunication technologies has now invested in all sectors, changing our habits of workers, professionals, consumers, and changed the way we do business, training and information. Of course, this phenomenon could not remain indifferent to our legislature has repeatedly tried to give answers (more or less convincing) the need for standardization of human activities in cyberspace.

Just this week the new proposals for regulation of the Net (by Levi decree on publishing the proposed Rodotà on the adoption of a Charter of Rights of the Web) are of great current interest and is an ongoing debate between those who believe that these new rules are necessary for the development of the Internet and those who believe that constitute a danger to individual freedoms.

You might think that this topic is of interest only to lawyers or professionals, a small number of subjects who develop laws intended to be let down "from above", and instead the novelty of this debate is not so much represented by the mobilization Network in respect of the proposed regulations deemed "dangerous" but some initiatives "from below" are intended to create real bills on the subject (on the point, we note the following projects: Digital Citizens , Internet: 10 points for the Policy , Principles for the freedom of public data ).

These proposals are aimed at the consolidation of certain rights often threatened (as for the protection of freedom of expression) and the grant of new rights (e-democracy, net neutrality).

In all these initiatives, there is then the claim of a public administration that delivers all the online services and is able to communicate with citizens in the digital mode.

Well, in this respect surprising that rights are claimed to have the system attributes to Italian citizens and this is certainly a fact that should make you think.

For almost two years is in force in our country called the Digital Administration Code ( Legislative Decree no. no. 82/2005 ) that the intent of the legislature, would have represented a turning point for the 'e-government in view of promoting of a real digital citizenship.

With such a legislative measure has been introduced in our legal principles and rights of extraordinary importance, the scope of innovation has been reduced in practice by the offender that the behavior of government did not intend to give complete coverage to the new institutions.

The first provision that is relevant is represented by art. 3 of CAD (Right use of technology) which has already given to the citizens and businesses "Right to request and obtain the use of information technology and communication in dealing with public authorities" both central and local. This prediction is then completed by a number of other provisions:

- Citizens have the right to disclose to the public administrations all papers and documents with the use of information and communication technologies (Article 4 CAD);

- Public administrations have the 'obligation to use certified mail with all citizens and businesses that require it (art. 6 CAD).

To date, the citizen-PA communication in digital mode are still excessively residual, being still very tied to the government "paper", and yet the art. 3, paragraph 3, of the CAD provides that the city can promote special claims against the Administration that does not ensure the effectiveness of the right use of technology.

The Code also contains a number of very important provisions on public data, invaluable resource for the proper functioning of the institutions and the development of the country.

Article. 50 D.Lgs. N. 82/2005 already provides, in fact, that the government should ensure that their data is formed, collected, stored, made available and accessible with the use of new technologies to allow the use and reuse by other Public Administrations and individuals, albeit in a proper and necessary respect for the rules on confidentiality of personal data. So there is already a right to access the data contained in public databases.

It is easy to see that more than two years after the adoption of CAD implementation of the rule by the government is still insufficient, what is most striking, however, is that citizens do not yet have "demanded" by the Public Administration that the new rights assigned to them. It therefore seems necessary to ask why these provisions are still effective, may be multiple causes: lack of preparation and resistance to new standards of public administration, lack of awareness of their rights by citizens, inadequacy and failure of existing laws.

This situation is perfectly aware that the competent ministry, trying to give new impetus to CAD, has adopted a specific Directive with which you invite the government to implement the Code. The initiative, however valuable, is too "timid": the rules are now in force and, therefore, mandatory for the governments that must comply in order to avoid litigation and liability. Only the actual application of CAD, in fact, we can say what changes are necessary and desirable for reflection on these issues will not remain closed between the few insiders.

As with any innovation process that respects, the new rules for the Public Administration Digital is better that they leave from the bottom to avoid that in the era of 'e-government rights remain only "on paper".

Carmel Giurdanella
www.giurdanella.it

Ernesto Belisario
www.ernestobelisario.eu