Council of Europe calls for comments on draft Recommendation on e-governance

(03/09/03) A draft Recommendation on e-governance, prepared in the framework of the Integrated Project on making democratic institutions work, has now been made public. Any comments should be sent to the Council of Europe Secretariat by 30 September 2003.

More: http://www.coe.int/t/e/integrated_projects/democracy/ 02_Activities/01_e-governance/

Draft recommendation on e-governance

Please send any comments on this text before 30 September 2003 to mailto:democracy@coe.int

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Aware of the new challenges to democracy and democratic institutions posed by the rapid emergence of the information society and knowledge economy, and of the necessity for public authorities to respond effectively to the political, economic, legal, cultural and social changes that these trends represent;

Convinced of the continued and essential leadership role that national, regional and local public authorities must play in shaping and responding to these challenges;

Stressing that the need to formulate an effective response, on the part of the Council of Europe and its Member States, is immediate;

Working alongside other inter-governmental organisations, and mindful of the Council of Europe's unique role in the promotion and protection of democracy

Noting on the one hand of the decreasing regard in which some democratic institutions are held amongst some sections of the citizenry, and on the other of the vitality to the functioning and fabric of European societies of the effectiveness of all democratic institutions;

Aware of rising public expectations of the quality of public services and the performance of public authorities in their duties;

Having confidence in the positive role that e-technologies can play in strengthening and safeguarding national, regional and local democracies;

Convinced of the potential of effective e-governance to transform for the better the relationship between public authorities and other stakeholders in civil society, particularly the democratic relationships between citizens and public authorities;

Convinced also of the potential of e-governance to transform the quality of public services and to improve the efficiency of public authorities; Reaffirming that the continued development of e-governance practise should serve to further the right of everyone to express, to seek, to receive and to impart information and ideas, for the benefit of every individual and the democratic culture of any society;

Having observed the differing approaches to, and varying pace of e- governance implementation across member states at the national and local levels,

Working within the Council of Europe's remit for the development and dissemination of common guidelines for good practice, and stressing that these common guidelines are essential to the sharing of expert knowledge across borders, learning from and building on the successes and difficulties of partners, and avoiding duplication of work and the inefficient use of resources;

Certain that e-governance is not, fundamentally, about e-technologies per se; but convinced that the full potential of e-governance will be harnessed only if e-technologies are introduced alongside changes in the structures, processes and ways that the work of public authorities is organised.

And taking into account, and building upon previous work by the Council of Europe and other inter-governmental organisations, including

· The eEurope 2005 action plan · Recommendation (99) 14 on universal community service concerning new communications and information services · Resolution 1191 (1999) on Information society and a digital world · Recommendation Rec(2001)19 of the Committee of Ministers to member states on the participation of citizens in local public life · Recommendation 1586 (2002) on the digital divide and education · Resolution 1279 (2002) on the new economy and Europe · The Convention on Information and Legal Co-operation concerning "Information Society Services" Moscow, 4.X.2001 · The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data Strasbourg, 28.I.1981 · The Convention on Cybercrime Budapest, 23.XI.2001 · Recommendation No R (99) 5 of the Committee of Ministers to member states for the protection of privacy on the internet · Recommendation 1559 (2002)11 of the Committee of Ministers on the Training of workers in the use of new technologies

Recommends that member states

• review their e-governance polices, legislation and practice in the light of the principles appended to this recommendation

• ensure that these principles are translated into appropriate indigenous languages, and that they are disseminated to and actively considered by all relevant public authorities, individuals, organisations and agencies, such as voluntary and other public and private organisations involved in e-governance

• consider the development of a performance management framework that is based on progress monitoring against the guidelines appended to this recommendation

Appendix to Recommendation No. R(2003)x on e-governance

Definitions

For the purposes of this Recommendation2:

`e-governance' refers to the design, implementation and management of change to improve the relationships between public authorities and other stakeholders in civil society, and the functioning of public authorities in performing their democratic and service provision responsibilities, by making use of e-technologies

Unless otherwise stated below, the guidelines in this Recommendation apply to all public authorities, including national governments, regional, municipal and local authorities, and other organisations and agencies that carry out public functions.

[a statement on the basis in law of this Recommendation will be included in the final document]

Member states should

· explore ways in which e-technologies can employed to improve the responsiveness of public authorities

· clarify the legal framework that permits e-participation as one of a range of participation instruments available to public authorities

· promote e-participation in local, regional, national and inter- governmental public life, and encourage e-participation by the full range of communities existing in a local area (both communities of place and communities of interest) and ownership by these communities of ideas, positions and public value

· recognise and explore the opportunities that e-technologies can bring in improving the transparency of democratic decision making within and between public authorities

· make at their own initiative official documents available online to the public when it is in the interest of promoting transparency of public administration or will encourage informed participation by the public on matters of public interest; and encourage central, regional and local public authorities to do likewise

· make official documents available online to the public in an unabridged version in order to enable the public and the media to build their own views on the issues in question

· work with the online media as central partners in the dissemination of public information, and in doing so, seek regularly the opinion of media professionals on how public information should be presented in order to best serve their needs

· pay attention to the need for moderation, feedback to participants and follow-up in e-participation and online consultations and debates

· in recognition of the media's role in encouraging e-participation, public scrutiny and transparency, support the modernisation of the media - in particular local and regional media and the training of journalists - so that it can fully exploit the possibilities offered by e-technologies

· strengthen the scrutiny of decision-making in public authorities, by improving access to information and communication within and between public authorities

· improve the processes of democratic decision-making by focusing upon the tools and information that support the legislature, judiciary and executive of public authorities in reaching appropriate decisions

· consider e-enabled ways of voting in elections at all levels of government, as one component of improving engagement of citizens with government

· promote the use of e-technologies to support locally elected members in conducting their representative and constituency roles

· explore the capabilities of a range of e-technologies to encourage participation and access to information, and target efforts in this area specifically at hard to reach or excluded groups

· encourage the development of new forms of citizen expression and e- networked public spheres and practices, such as on-line civic networks, citizens panels, deliberative polling, focus groups and preference modelling, in accordance with existing legislation

· take the necessary and appropriate steps to facilitate easy access to public officials

Member states should encourage the development of e-service policies, strategies and programmes that

· are developed in consultation with citizens and business

· are refined through involvement on the part of citizens and businesses with new e-service prototypes

· prioritise the development and implementation of e-services in line with the priorities of citizens and business

· provide e-services that are segmented according to user characteristics, allowing citizens and business to self-tailor e- services according to their needs

· provide e-services that cater for multiple languages, reflecting the demography of a geographical service area

· do not exclude citizens without internet access or e-literacy skills, by delivering consistency in service quality across multiple modes of access - whether by face-to-face, telephone or electronic means

· are designed to provide a `seamless' service experience for the user, across multiple service areas and access channels

· include site-map functionality options, designed with reference to audience gender differences

· provide competent advice services for users of e-services, tailored to differing user characteristics

· provide for electronic updates to citizens and businesses, based on their profile (user-defined needs and interests), about the posting of or changes to key documents, including minutes and agendas for official public business

· provide a list of frequently asked questions and answers

· include the promotion of e-services through a segmented marketing strategy, using off- and on-line means including bulk-messaging (not spam)

· improve face-to-face service quality through the development one stop shops, which enable people to access to all public services relevant to their needs in one location

Member states should encourage central, regional and local public authorities to design and implement an e-governance policy, and e- services strategy that

· is based on the principle of universal access - including those without internet access at home

· seeks to avoid or alleviate the digital divide by providing e- services that are accessible to all citizens, regardless of race, sex, religion or any other individual or social characteristic

· makes provision for disadvantaged groups without extra cost to these users

· includes awareness-raising activities for product and service providers about the requirements of persons with disabilities

· includes building cross-sector partnerships to provide affordable public access points - recognising that it is in the interests of the commercial sector that universal access is achieved

· promotes the adoption of standards that exist, or are in development, for accessible e-services

· make official documents available online in a range of electronic formats

· ensures that e-services are designed and implemented according to the following principles

• Identification: the public must know what information is available from which public authority, and how and where this can be located. - Availability: the information must be stored in a standard digital form and be accessible through an electronic medium or data carrier. - Manageability: the public must not "drown" in the quantity or complexity of the information, but instead be able to find their own way through the system. A site map should be provided, designed with reference to gender differences in search and information management techniques. - Affordability: the price of the information should not create barriers to access. - Reliability: the public must be able to rely on the correctness, completeness and authenticity of the information. - Clarity: the information must be as clear as possible in terms of content, context and presentation.

Member states should encourage central, regional and local public authorities to adhere to the following guidelines

· view e-literacy development as part of broader context of information literacy development

· recognise that the quality of public services, and the degree to which services are accessible to users, is dependent on the e- literacy of both service providers and service users

· provide adequate training for public employees in o the design and management of online services o the management of electronic information o the requirements of relevant legislation (for example, relevant legislation on privacy, freedom of information and data protection) o the principles of customer service

· provide adequate training for all elected representatives and nominated officials in the use relevant e-technology tools and the internet in their representative work and in their decision making duties

· introduce e-literacy programmes in schools and provide adequate training for teaching staff in the use of relevant e-technology tools and the internet

· promote life-long-learning and the development of e-literacy across all groups of the citizenry

· encourage commercial sector investment in e-literacy, and a recognition that it is in the commercial sector's interest to do so

Member states should follow these guidelines for the development, implementation and management of their e-governance policies, strategies and programmes - and should encourage central, regional and local public authorities to do the same

· work inclusively, with other appropriate national, regional and local stakeholders, taking into account the views of all groups in society, to develop a shared vision of strategic direction; a vision about the role of e-governance in delivering improved outcomes for citizens and business

· recognise that implementing e-governance is a requirement and responsibility of all public authorities in all spheres or tiers of government

· dedicate financial and human resources specifically to the conception and maintenance of e-governance policies, strategies and programmes

· understand that the potential benefits of e-technologies will only be reaped if parallel changes in the organisation of the work of public authorities are achieved

· ensure that the executive and political leadership for e-governance is strong and sustained

· allocate public resources to the improvement of the technology and communications infrastructure required to support successful e- governance

· consider working with commercial sector organisations to define and implement their e-governance policies, strategies and programmes

· through partnership working, seek to achieve a transfer to and development of the managerial and technical skills of public employees

· redesign, then automate the back-office processes that support service delivery, as far as possible, and in doing so, remove unnecessary bureaucracy in processes, reduce the probability of process errors, and seek to reduce the cost and increase the responsiveness of service delivery.

Member states should encourage central, regional and local public authorities to follow these guidelines when designing, implementing and managing their e-governance policies, strategies and programmes

· ensure that Privacy, Freedom of Information, Data Protection, Human Rights and other relevant national and international legislation on the protection of personal privacy, and the sharing of personal data within and between public authorities, is taken into account

· ensure consistency, across public authorities, in the ways that personal data is stored and used

· invest in appropriate infrastructure to ensure that privacy, confidentiality and reliability of online services is secured at all times

· work actively to build trust amongst the population in online channels of interaction, including the active promotion of work to protect the privacy and security of personal data, and to prevent the mis-use of data

· inform the public about how information is used by public authorities, and how it is not used

· create and communicate minimum standards of timeliness to respond to enquiries about what personal data is held by each public authority and how it can, and is, stored and shared between public authorities, within the constraints of relevant legislation

Member states should

· recognise that it is to the benefit of member states and their constituents that e-governance knowledge and experience is shared effectively, and to this end seek to promote the transfer of good practice across frontiers

· establish meaningful targets, designed with the involvement of citizens and business, for the provision of appropriate official information online, the capability to interact with citizens and businesses using the e-channels, the capability to deliver transactional public services online, and the take-up of e-services

· promote to citizens and business the national, regional and local e- governance programme's objectives and timescales, making clear the role of e-governance in the development of the national information society

· develop measures to compare e-governance progress and performance against other appropriate public authorities - nationally and internationally - and encourage the transfer of learning and advice between peer authorities about good practice and lessons from experience

· carry out research into the performance of public authorities against the expectations of citizen and business needs, including analyses of cost-effectiveness and of candidate and priority areas for the development of integrated service delivery

The Member states should encourage central, regional and local public authorities to

· store and communicate data according to accredited standards of information assurance

· agree and employ a common protocol of website navigation standards

· consider the development and use of a central, shared infrastructure for authentication, to promote the development of trust in the use of e-services and e-interactions and to facilitate online communication between public authorities and the citizens and business

· implement e-governance in accordance with the principles of interoperability - endeavouring to make integrated communication between different public administration systems as easy as possible

· employ industry standard technologies wherever appropriate

· consider the procurement and use of open source software solutions

· where none exists, set up a nationally recognised body for the development, accreditation and promotion of standards for e- governance, and explore the possibility of developing international standards for the technical aspects of e-governance

Most of the principles and guidelines in this recommendation apply equally to public authorities in each sphere or tier of government. The following guidelines apply to national government authorities in their work with and on behalf of local and regional public authorities. Their relevance across member states will vary, and will be contingent on the local culture and norms of subsidiarity. Here, Member states should

· work with regional and local public authorities to define clear rules for the allocation of financial support for local e-governance

· based on consultation with regional and local public authorities, provide a clear performance framework, including minimum standards and targets, to which regional and local public authorities should agree to adhere; and communicate consistently the expectations and limits that all public authorities will be bound by

· encourage efficient, economically effective implementation by sponsoring `pathfinder' and `national project' programmes, designed with the close involvement of regional and local public authorities, to provide solutions to e-governance issues shared by all regional and local public authorities

· encourage local public authorities to exploit the outputs of pathfinder and national project programmes to support their local e- governance priorities and to avoid the unnecessary public costs of duplication, by making clear the timetable and methods for how roll- out and take-up of outputs could be achieved

· work with regional and local public authorities to define and provide a national e-governance framework of technical and policy standards, infrastructure and support structures, that are relevant to all local public authorities

· encourage public authorities to work in partnership to implement e- governance, with other public authorities and with the commercial and voluntary sectors

· encourage the development of networks and mechanisms for the sharing of knowledge between sub-national public authorities about e- governance projects and good practice