Over the last few months there has been much talk of Certified Mail (PEC) technology - the intent of the legislature - should become the preferred tool of communication between citizens, businesses and public administrations.
The choice of using the PECdid not convince me (and, honestly, still does not convince me ), however, believe that the Certified Mail can be a suitable instrument to facilitate transactions, to dematerialize the administrative, public offices to make more efficient and transparent, to improve the quality of life of users.
However, to date, there are many governments who have not enabled a Certified e-mail address (a list of organizations "Outlaw" was released by the Ministry for Public Administration and Innovation) and those who also have formally activated often do not make it recognizable to citizens, or do not. Embematico in this respect, the video below embeddo where an official (asked about the possibility of communicating via the PEC with the Administration) replied that the Board has a PEC box, but that is not used and the fate that, therefore, it is advisable to resort to the traditional letter A / R.
These are topics that often, in recent months, I heard when I asked Bodies (of any level) you can use the PEC, but do not always have the perception that responses of this type not only demonstrated the disorganization of 'Office, but a serious violation of legal obligations. rimessa alla discrezionalità (e al “buon cuore”) delle Amministrazioni, ma rappresentano un vero e proprio obbligo per gli Enti che sono tenuti ad assicurare a cittadini e imprese alcuni diritti digitali ormai da tempo consacrati in provvedimenti normativi. In fact, the activation and use of the PEC is not a concession to the discretion (and the "good heart") of the Government, but represent a real obligation for organizations that are required to ensure that citizens and businesses some digital rights has long been enshrined in regulatory action. In particular, each Administration should:
1) activate at least one Certified Mail address for each protocol log; 2) make public the address of PEC on the home page of its website; 3) make public the address of PEC on the government portal www.paginepecpa.gov.it ; 4) use the PEC to all users who request it, without being able to cite organizational and technological difficulties to preclude the exercise of this right.
Organizations that had not already done so must adapt quickly if they want to avoid liability and litigation; each citizen, in fact, may obtain judicially protect their "digital rights". The laws are there, you just expect to be respected!
Dear Ernesto, the list of entities without PEC is very instructive. Universities stand out as a single group and between the "telematics". Reveals a contradiction in terms or unconfessed desire to "distance" (or at least stay away) from the citizens?
@ George probably both things, for sure, many governments do not want (or worse, they fear) of a direct contact with citizens and Cia ² ... in spite of proclamations and "nice words" of circumstances ...
It would be nice (use of) the Pec was right. Unfortunately not, as pointed out by the Council of State in the opinion of the Code. Claiming rights is not the same, in fact, to create them. The Pec (not created, hidden or unused) may be a field test of the Legislative Decree 198/2009. Winding road and few certainties, but still exists.
@ Lorenzo agree with what you say about the D.Lgs. N. 198/2009 but I am convinced that the CAD (and its amendments) assign some real rights as evidenced by the unenforceability laid down by the courts. 3 D. Decree no. 82/2005.
So it seemed to me at the time of the amendments to Article 3. Then, ragionandoci, I have concluded to the contrary (see Riv. Lombardy Adm. Reg 1/2008, in brief here http://www.webimpossibile.net/08/15.12.08.htm ). Obviously, I would not mind to be proven wrong in court.
@ Lorenzo, of course I had read already your thoughts ... But I still disagree, and indeed more going forward and more I realize that those rules have a scope preceptive clear and immediate, like you, I hope that this is soon be enshrined in a legal precedent.
[...] Via PEC is equivalent to the postal service). As I wrote a few weeks ago, the PEC is a right and then people can use it (in the manner provided by law) without requiring a [...]
[...] Via PEC is equivalent to the postal service). As I already wrote a few weeks ago, the PEC is a right and then people can use it (in the manner provided by law) without requiring a [...]
Dear Ernesto, the list of entities without PEC is very instructive. Universities stand out as a single group and between the "telematics". Reveals a contradiction in terms or unconfessed desire to "distance" (or at least stay away) from the citizens?
[...] This post was Mentioned on Twitter by Nicola Mattina, Ernesto Belisario. Ernesto Belisario said: New blog post: The PEC is no right http://blog.ernestobelisario.eu/2010/07/21/la-pec-e-un-diritto/ [...]
@ George probably both things, for sure, many governments do not want (or worse, they fear) of a direct contact with citizens and Cia ² ... in spite of proclamations and "nice words" of circumstances ...
It would be nice (use of) the Pec was right. Unfortunately not, as pointed out by the Council of State in the opinion of the Code. Claiming rights is not the same, in fact, to create them. The Pec (not created, hidden or unused) may be a field test of the Legislative Decree 198/2009. Winding road and few certainties, but still exists.
@ Lorenzo agree with what you say about the D.Lgs. N. 198/2009 but I am convinced that the CAD (and its amendments) assign some real rights as evidenced by the unenforceability laid down by the courts. 3 D. Decree no. 82/2005.
So it seemed to me at the time of the amendments to Article 3. Then, ragionandoci, I have concluded to the contrary (see Riv. Lombardy Adm. Reg 1/2008, in brief here http://www.webimpossibile.net/08/15.12.08.htm ). Obviously, I would not mind to be proven wrong in court.
@ Lorenzo, of course I had read already your thoughts ... But I still disagree, and indeed more going forward and more I realize that those rules have a scope preceptive clear and immediate, like you, I hope that this is soon be enshrined in a legal precedent.
[...] Via PEC is equivalent to the postal service). As I wrote a few weeks ago, the PEC is a right and then people can use it (in the manner provided by law) without requiring a [...]
[...] Via PEC is equivalent to the postal service). As I already wrote a few weeks ago, the PEC is a right and then people can use it (in the manner provided by law) without requiring a [...]
[...] PEC is a right, I wrote a post on July 21, 2010. Now he has also written a Court of the Republic [...]