Impact on Public Trust in e-Government

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Nov 15, 2013 (3 years and 9 months ago)

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Data Protection Law and Policy Factor
Impact on Public Trust in e
-
Government
System in Developing Countries

Dr.
Ghimire
,
Tek

Joint Attorney

Office of Attorney General, Nepal


ICT is an effective tool for good governance


Maintaining good governance in a country is not
possible without effective application and
sustainable
management of information and communication
technologies (ICT) in public service sector
(Hazlett &
Hill, 2003).


ICT application helps to provide
time and cost effective
service,
ubiquitous monitoring process
and
omnipresent
public service

for all. Because of these services ICT
provides e
-
Government system has gained popularity.


e
-
Government



e
-
Government is an
efficient use of information and
communication technology (ICT) by the government for
the functioning and support of its operations
(Ghimire,2011)


Facilitates
interconnection between
the government and its
agencies
(G2G),
Government and citizen
(G2C
) and Government
and business
(G2B
), (Mousavi et. al. 2008)



Helps to
reform the management of public administration
(wescott, 2003),
boosts up government ability to reach to the
downtrodden peopl
e(Al
-
adawi et.al. 2005),
strengthens citizen
participation and trust of government
(info Dev, 2008)

e
-
Government
-
2


Improves
quality of service
(Teicher et. al, 2002; Moon 2002)


Increases government efficiency
and effectiveness by
streamlining the process (Andersen, 2009)


Reduces the layers of bureaucracy
and fosters transparency
(Pina et al., 2007) and accountability


Helps revenue growth
(Basu,2004) and enhances the research
capability by strengthening the digital resource management.


Reduces corruption in several ways: it takes away
discretion,
thereby curbing opportunities for arbitrary action
(Bhatnagar,
2003)


After all e
-
Government is
imperative to maintain trustful
relationship between the government and its constituencies


e
-
Government
-
3


e
-
Government
is no longer option
; it is inevitable
(Patterson &Honson,2001), the question for the
governments now is not whether they are going to
provide electronic service but
how and when they are
providing ?


E
-
Government infrastructure comprises good
infrastructure for network and
adequate legal regulatory
management including the issues of information security,
digital privacy, and the management of private and public
data


e
-
Government in Developing Countries


Most of developing countries do have “
deficient e
-
Government capacity”

since they fall into the poorest
groups in the world. Many of them have
geographical
adversity, socio
-
economic as well as socio legal matching
problems

(Banerjee et al.,2004).


Nepal is one of South Asian developing countries with
“minimal e
-
Government capacity.” Flawed by corruption
(CIAA, 2008) political instability, (Baral & Bhurtyal, 2010)
inefficient bureaucratic practices, (time insensitive and risk
avoiding culture (Shrestha, 2009) it has been a difficult
task for the government of Nepal to transform its
administration into digital form

e
-
Government in Developing Countries
-
2


The NID project, once completed, will provide through a single
portal multiple services like
quick retrieval of information of the
citizen and will facilitate public services such as health, education,
welfare benefits, passport control, tax, voting, criminal records,
utility bills, land records, government services with a unique NID
(Adhikari, 2009).


Developing countries generally lag behind in a
modern education
system that can build robust human capital (Salman, 2004).
Insufficient knowledge can lead to misuse of the electronic
processes hindering the potential benefits of ICT use. Heavily
-
centralized management approach is another problem which
usually forces organizations to accept limited information security
solutions (Atiyyah, 1999).


e
-
Government in Developing Countries
-
3


Most of the developing countries have in “deficient e
-

Government capacity” since they have differences with
respect to geographical adversity, infrastructure availability
throughout their territory, socio
-
economic standard and
technology application managerial capacity.


The gap between
haves and have not’s is wider
in developing
countries in comparison to the developed society
(Basu, 2004).



Inadequate legal framework, complex legal
regulatory
procedures and absence of proper competent legal
regulation executing agencies are also the common
problems
in developing countries (Kiskis & patrauskas, 2003).

Critical Success factors of e
-
Government
System



Public trust
which enhances both stakeholder’s
participation and
system adoption
is one of the critical
success factors for e
-
Government system.


System adoption and stakeholder’s participation foster
sustainability in e
-
Government system. Therefore, for
effective application and sustainable
management of e
-

Government in developing countries, it is essential to
investigate the factors impact on cultivating public trust
in e
-
Government system.


Secured seamless communication and information flow
and data management are the fundamentals of an
effective application and sustainable management of e
-
Government.

Critical Success factors …..


According to info Dev (2002), the issue of trust in e
-
Government involves two aspects:
privacy and security
.



Privacy is about
managing personal information
transaction that the government collects about
individuals, while security is about protecting internet
technology using in e
-
Government service from attack,
misuse and threat of loss of data
.


In the online environment, trust is one of the
fundamentals for establishing good relationship between
service providers and the recipients (Palvia, 2009) since
information transaction over the internet has a greater
chance of uncertainty and risk (Belanger & Carter, 2008).

Critical Success factors…………


Security and
privacy protection issues are identified as supply
side barriers for effective implementation
of e
-
Government
system (Raab, 2004)


Reasonable assurance of not being victimized by illegal
activities during information transaction between e
-

Government constituents is needed. In this regard, it is
important to
obtain sufficient safeguards in order to ensure
security, data and privacy protection.


Citizens are
not likely to use
e
-
Government service if there is
no assurance that their personal data will not be misused and
no change of unwanted secondary use will be made to it
(Lau, 2003).


Critical Success factors……..


Trust model literatures emphasize the importance of
secured e
-
Government services (Tassabehji et al., 2007;
Lee and Rao, 2007). Empirical studies have found
the lack
of trust as a significant barrier to the adoption
of e
-
Government (Cremonini and valeri, 2003).


Therefore,
comprehensive legal and regulatory framework,
client friendly procedures and strongly motivated
administration to enforce law are important preconditions
for a country’s prosperity by means of effective application
of e
-
Government system
(Caine, 2004).


Digital Privacy


Informational privacy can be understood as “
right to be let alone
,”
the right of controlling information about oneself and, conversely,
the right to prevent nonconsensual access to information about
oneself (Al
-
Fedaghi, 2007).


An individual has the right to control the conditions under which
information pertaining to him is collected, used, and disseminated
(US DOC., 1995). Governments must ensure that e
-
Government is
preceded by changes in the legal system to protect information and
privacy in the digital age.


Right to privacy is internationally recognized human right according
to Article
12

of the Universal Declaration of Human Rights 1948
and Article
17
of the International Covenant on Civil and Political
Rights (ICCPR).


Digital Privacy
-
2


The government as a system manager has a big challenge to
protect personal privacy by obtaining various preventive and
curative measures such as security threads and assurance of
compensation for the victims and so on.



The loss of confidence in government’s ability to protect
individual’s confidentiality has a serious consequence for
citizen’s trust and participation in e
-
Government
system(Mullen, 2004).


Data Privacy related laws and regulations shall be enacted and
implemented targeting both private and public sectors.
Furthermore, government websites that collect private
information from third parties shall adopt a data privacy
policy establishing the principles by which such data is
collected, stored and used (Mohammad, 2004).



OECD Recommended Principles for
Protection of Personal Data +



Collection Limitation Principle


There should be limits to the collection of personal data and
any such data should be obtained by
lawful and fair means and,
where appropriate,
with the knowledge or consent of the data
subject.


Data Quality Principle


Personal data should be
relevant to the purposes for which they
are to be used, and, to the extent necessary for those purposes,
should be accurate, compete and kept up
-
to
-
date
.


Purpose Specification Principle


The purposes for which personal data are collected should be
specified not later than at the time of collection and the
subsequent use limited to the fulfillment of those purposes
or
such others as are not incompatible with those purposes and as
are specified on each occasion of change of purpose.


OECD Recommended Principles for
Protection of Personal Data
-
2


Use Limitation Principle


Personal data
should not be disclosed, made available or otherwise used
for purposes other than those specified in

accordance with the consent
of the data subject; or by the authority of law


Security Safeguards Principle


Personal data
should be protected by reasonable security safeguards
against such risks as loss or
unauthorized
access,

destruction, use,
modification or disclosure of
data


Openness Principle


There
should be a general policy of openness about developments,
practices and policies with respect to personal data.
Means should be
readily available of establishing the existence and nature of personal
data, and the main purposes of their use, as well as the identity and
usual residence of the data controller.




OECD Recommended Eight Principles
for Protection of Personal Data
-
2


Individual Participation Principle


An individual should have the right:
-

(a)

to
obtain from
the a data controller, or otherwise, confirmation
of whether or not the data controller has data relating to him; (b)
to have communicated to him
, data relating to him (c)
within a
reasonable time;

(d) at a charge, if any, that
is not excessive
( e) in a
reasonable
manner
; and (f) in a form that is readily intelligible to him;( g) to
be given reasons if
a request made under sub
-
paragraphs
(a) and
(b) is denied, and to
be able to challenge
such denial; and(h) to
challenge data relating to him and, if the challenge is successful,
to have the data erased, rectified, completed or amended


Accountability Principle


A data
controller should be accountable
for complying with
measures which give effect to the principles stated above











Data protection issue in UN e
-
Government
Survey 2012


One
-
stop government oft en requires the adaptation of
laws to make e
-
government solutions legally binding


Among the legal issues to be investigated for a successful
one
-
stop government are: data protection, access to
sensitive data, networking of authorities and databases,
equal opportunities, electronic signature, etc.


A central challenge of one
-
stop government is the need to strengthen
confidence in data privacy and security measures, for example by
allowing citizens to verify the accuracy of personal records


Data protection issue in UN e
-
Government
Survey, 2012


A central challenge of one
-
stop government is how the
new technology can be used not only to increase efficiency
for public administration, but also to
strengthen confidence
in privacy measures by creating mutual transparency
between public administration and citizens


For example, while secure systems are needed to impede
unauthorized access to data, such personal data must be
made accessible to a citizen who wishes to verify the use,
authenticity and accuracy of his or her own personal data.

Data protection issue in UN e
-
Government
Survey, 2012


Creating a trusted framework for digital authentication
is also
a crucial factor in assuring the integrity
of online
and mobile financial transactions.
Digital signature is
only a beginning. Concrete applications have to be
developed, and they require a lot more legal changes.



Individual laws, governing both the operation of public
administrations and policy
-
specific issues, have to
institute digital signatures as an accepted way of
identification and authentication.

Right to Information vs. Right to
Privacy: Case Study


Juki Net or Residents’ Registry Network System
(
Jyuminkihondaichou
) is a national ID and information
system, based on a database in Tokyo, (Japan times, 2007)
intended to link personal information consisting of the
national 11
-
digit ID number assigned for all Japanese citizens.



When Japan introduced
Jukinet
, no agency was established for
settling privacy and information security issues. The users
were not confident that their data would be secured; therefore,
they waged a movement against providing their personal data
to the system (UNDESA,
2003
).


Right to Information vs. Right to
Privacy: Case Study
-
2


Finally, when the bill related to right to privacy and information
security was passed by the Japanese parliament and the agencies
were also established to execute those legal regulatory provisions
by 2006
, the Jukinet adoption has increased and the system has
become successful



Different state courts also ruled in favor of people’s right to
privacy; they were not now bound to furnish their personal data to
the system until and unless the government would address privacy
and security issues with strong and confident provision (Japan
times, 2007).


Comprehensive ETA in Singapore


Shrivastava

&
Teo
, (2005) claim that Singapore is the first country to
enact comprehensive legal regulatory instruments for cultivating trust in
public information system.


Singapore’s Electronic Transactions Act (ETA) of 1998, enacted by the
parliament on 29 June 1998, is one of
the earliest enactments of a cyber
act in the world that covers not only digital and electronic signatures but
also electronic records, electronic contracts and is applicable to all kinds
of electronic communications (
Basu
, 2004)


The ETA addresses some of the important issues necessary for
providing a conducive cyber
-
related environment like
commercial code
for e
-
commerce transactions, use of electronic applications for public
sector, liability of network service providers and provision of Public
Key Infrastructure (PKI)
. Reviews and reports show that Singapore has
achieved the targeted goal of e
-

Government adoption by assuring
reliable and trustworthy public information system by strengthening
regulatory mechanism.

PIA system in CANADA


Canadian Government Departments have conducted privacy
impact assessment policy
(PIA) in order to determine
whether privacy issues are raised by proposals for new
programs and services or by a substantial redesign of a
program or the way it is delivered to the public. It is based
on privacy principles common to all data protection régimes

.


These principles are enumerated in the "Code of Fair
Information Practices." PIA takes a close look at how
government departments or e
-

Government
administrators
protect personal information as it is collected, stored, used,
disclosed and ultimately destroyed.

PIA system in CANADA
-
2


PIA provides a framework to ensure that privacy is
considered throughout the design or re
-
design of
programs or services.
Privacy implications and risks may
arise because of the intra
-
institutional, inter
-
institutional
or cross
-
jurisdictional flow of personal information
.

.

Comprehensive e
-
application laws in
South Korea


From the regulatory management perspective, public
information regulation system of South Korea can be taken
as public private partnership (PPP) based regulatory
management


Korean Government has paid attention to establishing a
good legal system to

form the initial stage of e
-
Government
application by enacting Framework Act on


Informatization

promotion 1998
, Electronic Signature Act
1999, Framework Act on
Electronic Commerce 2000
, Act on
Promotion of information and Communications Network
Utilization and Information Act 2001,

Protection of
communication secrets Act 2002
and so on.

Comprehensive e
-
application laws in
South Korea
-
2


In June 1999, the Ministry of Government Administration and
Home Affairs and the Ministry of Information and
Communication jointly established the ‘
comprehensive plan for e
-
Government and a more systematic framework for Korean
government service system
.


A policy has been provisioned for
cyber security management
through the (ADR) committee comprising
both public and private
sector for dispute settlement and promoting user involvement
opportunity (Ryou, 2006).


Alternative dispute resolution (ADR) system was introduced as a
remedy for personal information infringement (Changbeom,
2005). Such a provision gives opportunity to the victimized
person/organization to
involve them and nominate a trusted
representative in the dispute settlement committee.

Data Protection provision in German




Data protection Act in Germany is one of the best
enactments of legal regulation to enhance citizen’s
confidence to the digital public information system.


Personal data can
only be raised, stored and used in a
restricted manner by informing the concerned individual
about the purpose and prospective use of collected
personal data

(Wittkemper, 2003).

References


Adhikari, G. P. (2009), Issues in National Identification Database System of
Nepal,Proceedings of the 3rd International Conference on Theory and
Practice of Electronic Governance, ICEGOV '09, vol. 322


Andersen, T.B. (2009), E
-
Government as an Anti
-

Corruption Strategy,
Information Economics and policy Vol. 21, Issue 3, pp.201
-
210


Atiyyah, H. S. (1999), Public Organizations’ Effectiveness and Its
Determinants in a Developing Country, Cross Cultural Management: An
International Journal,Vol. 6 Number 2, pp. 8
-
21


Banerjee, P. and Chau P.Y.K. (2004), An Evaluative Framework for Analyzing
e
-
Government Convergence Capability in Developing Countries, Electronic
Government, an International Journal, Volume 1, Number1, 29
-
48


Baral, R., & Bhurtyal,D. M. (2010), Nepal ICT Policy, Challenges and
Opportunity,Presented Paper in Workshop on ICT Policy in Developing
countries, University of Manchester, 25th March, 2010


References


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-
Government: an Empirical Evaluation, Proceedings of the 39th
AnnualHawaii International Conference on System Science.


Belanger, F., Carter, L. (2008), Trust and Risk in e
-
Government Adoption,
Journal of Strategic Information System, Vol. 17, Issue, 2


Bhatnagar, S. (2004), E
-
Government: from Vision to Implementation: A
practical Guide with Case Studies, E
-
Book, available at
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accessed on 12 January 2009


Chatzidimitriou, Marios and Adamantios Koumpis (2008), Marketing One
-
stop E
-
Government Solutions: the European OneStopGov Project. IAENG
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online publication: 19 February).


References


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athttp://www.ciaa.gov.np/report/19th_annual_report/19%20Annual%20Re
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e
-
Government: an Empirical Evaluation, Proceedings of the 39th
AnnualHawaii International Conference on System Science


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impact on public trust in e
-
Government system in Nepal, submitted to Seoul
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Hazlett ,S.
-
A and Hill, F. (2003), e
-
Government: the Realities of Using IT
toTransform the Public Sector, Managing Service Quality, Volume 13, No. 6,


http://www.americanchronicle.com/articles/view/87483 accessed on 12
April, 2010


References


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-
Government Handbook for Developing Countries (2002),
available athttp://www.infodev.org/en/Document,16 pdf, accessed on 12 July
2009


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-
Government Toolkit and Portal, (2008), available at;
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-
Governance: Two Views on Legal
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-
Stop Government in
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-
Government Relational Exchange: A


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-
Governance Developments in
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-
Government Implementation: A Case Study
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-
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-
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-
Government Among Municipality:
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-

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-
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-
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Kind Attention and Interactive
Participation

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