The development of E-Governance and the issue of digital inclusion in Greece with particular regard to the constitutional right of e-participation

The roll-out of e-Government services is currently advancing well in Greece, which is a slow starter in the field of e-Government, but moves now with fast steps ahead. The development of e-Governance presents many chances and also risks for the society. One issue deserving attention is the issue of the digital gap between ‘information haves’ and ‘information have nots’. Bridging the digital divide would need a great amount of financial resources and a strategic plan aiming at increasing access to information and building knowledge infrastructure. Although there is presently no specific programme to promote digital inclusion in Greece, the Government seems to take into account the need to address this issue. The imperative to promote digital inclusion is enshrined in the Greek Constitution, which provides for a right to e-Participation. However, this right is not directly actionable, and therefore, it does not provide the means to judicial recourse. Policies with regard to digital inclusion could be included in the definition of the Universal Service, and also in legislative programmes having this objective. * University of Thessaloniki, . 1 General Introduction e-Government in the information age shows the way towards the transformation of public administration to an efficient and citizenfriendly service provider. In more specifically, if implemented properly, it can improve government services, increase accountability, result in more accurate and efficient delivery of services, reduce administrative costs and time spent, facilitate transparency in the administration of government, allowing thereby greater access to services due to the openness and constant availability of the Internet.1 Furthermore, ICTs can be implemented to enhance political processes and promote participation of citizens. Governments are able to provide interactive services involving liaisons of citizens with government institutions, such as information provision, e-mail communication, online meetings and forums for voicing opinions, participation of citizens in consultation and planning procedures and electronic voting.2 The many ways in which ICTs are employed in this direction fall within the particular field of e-Democracy, which is a novel concept, aiming at refreshing the interest of citizens in the democratic processes.3 eDemocracy is treated as a particular subject matter that falls under the heading of e-Government for many reasons, but mainly because it is another facet of the application of ICT to public sector. The development of e-Government on national level is dependent on state funds and maybe hindered by lack of financial resources, legal 96 Ioannis Iglezakis 1 P. T. Jaeger, ‘The endless wire: e-Government as global phenomenon’, Government Information Quarterly 20 (2003), 324; P. Sendes, e-Government und Demokratieverständnis, 2006, 33 et seq.; R. Asghari, ‘Digitale Evolution im Staat’, in: R. Asghari (Hrsg.), e-Government in der Praxis, 2005, 17–33. 2 See, e.g., P.T. Jaeger, op. cit.; B. Holznagel/A. Hanssmann, ‘Möglichkeiten von Wahlen und Bürgerbeteiligung per Internet’, in: Holznagel/Grünwald/Hanßmann, Elektronische Demokratie, 2001, 55–72. 3 See A. Smith, ‘e-Participation and the Future of Democracy’, available online at (visited 20/07/2007); L. Damodaran, ‘e-Democracy: challenges for social inclusion’, ITNOW, July 2005; H. Kleinsteuber, ‘Das Internet in der Demokratie’, in: Elektronische Demokratie, op. cit., 7–27; O.Winkel, ‘The Democratic Potentials of Interactive Information Technologies under Discussion’, in: Elektronische Demokratie, op. cit, 28–43. obstacles, technical and security issues, and the slow adaptation of bureaucratic mechanisms. Nevertheless, initiatives to promote the introduction of ICTs in the public sector are getting more intense with the coordination of international and supranational organizations, such as the EU, which is actively promoting initiatives in this area.4 However, not everybody is able to benefit from e-Government and eDemocracy and this is particularly manifested in south-European countries like Greece, where a large part of the population makes no use of ICT and has no Internet access. More specifically, according to recent statistics, 27.4% of the population has an Internet access, where 42% have a desktop computer and 16% a notebook. Moreover, ADSL connections reach up to 7% of the population, lagging behind the average percentage in the EU countries.5 The divide between those people who make use of ICT and have Internet access, that is, between the ‘information haves’ and ‘information have nots’, is the so-called ‘digital divide,’6 and this is quite acute in Greece. The digital divide touches upon particular population groups, such as the elderly, people living in rural areas, disabled persons and those with low-income and low level of education, and represents a big obstacle in the implementation of e-Government projects.7 The Greek Government is currently implementing a strategy for e-Government in the context of the overall strategy for the development of the information society in the country, i.e. the so-called digital strategy (2006–2013) that follows the new European policy for the Information Society ‘i2010’ and the action plan ‘Jobs & Growth’. e-Government is also a component of the project ‘Politeia 2005–2007’ for the ‘re-establishment of Public Administration’. In this context and in the context of previous programmes and projects, certain The development of e-Governance and the issue of digital... 97 4 See G. Strejcek/M.Theil, ‘Technology push, legislation pull? e-Government in the European Union’, Decision Support Systems 34 (2002), 305–313. 5 See Annual Indexes of the projects e-Europe and i2010 for the year 2006, available online at (visited 3/8/2007). 6 See J. C. Bertot, ‘The Multiple Dimensions of the Digital Divide: More than the Technology “Haves” and “Have Nots”’, Government Information Quarterly 20 (2003), 185–91. 7 See, in more general, P. Sendes, op. cit., 45 et seq.; Jaeger, op. cit, 323. e-Government services have been implemented and others are in preparation.8 Digital inclusion policies, which are essential to the advancement of eGovernment, are addressed by the EU in the framework of the ‘eInclusion’ initiative.9 Greece has not developed a particular strategy for digital inclusion, but it introduced specific projects having this objective, mainly in telemedicine, homecare, etc.10 Furthermore, it launched initiatives concerning the development of ADSL and Wi-Fi networks and co-financing of purchase of ICT equipment for businesses, professionals and students (see infra, 3). It is also noteworthy that one suggestion of the digital strategy 2006–2013 is the familiarisation of all citizens including disadvantaged groups with e-Services. In more general, it could be mentioned that although there is no strategic approach towards digital inclusion in Greece, the Government takes into account the need to introduce e-Services for all citizens and achieve participation in e-Governance. It is questionable, however, in which degree is the current development of e-Government empowering the stakeholders to become informed users of the technology and of the e-Services offered. 2 The national e-Government Infrastructure 2.1 e-Government Strategy The national strategy for the development of e-Government was initially defined in the White Paper ‘Greece in the Information Society: Strategies and Actions’, which was published in 1999 and updated in 2002.11 The White Paper stressed out the need to enhance the quality 98 Ioannis Iglezakis 8 See also I. Iglezakis, ‘Greece: Forum e-Government’, Computer Law Review International 3 (2007), 92–3. 9 See . 10 . 11 See e-Government Fact sheet – Greece – Actors, p. 10, available online at (visited 3/8/3007). of public services in order to ensure social cohesion and raise living standards. Furthermore, a lot of attention was drawn in the development of electronic services that should present characteristics of broad availability, accessibility through one single point of reference (‘one stop-shop’), quality and cost-effectiveness. A noteworthy big-scale project implementing the Information Society strategy was the Operational Programme for the Information Society (OPIS), which was adopted in 2000 and covered the period 2000–2006.This programme was supported by the EU as part of the Community Support Framework and had a horizontal character, comprising various activities falling under the responsibility of different government bodies. Subsequently, the OPIS was followed by a new strategic plan, i.e., the ‘Digital Strategy 2006–2013’, which follows the principles of the EC ‘i2010’ Information Society Plan.12The aim of this strategy is to promote ICT in order to achieve higher productivity in the economy sector and improve citizens’ quality of life, realizing thus a ‘digital leap’.The objectives of the Digital Strategy are implemented through the OPIS and the operational programmes of the period 2007–2013, in particular the project ‘Digital Convergence’. 2.2 Institutions responsible for e-Government Policy making and strategic planning in the area of e-Government in Greece fall mainly within the responsibility of the Information Technology Committee and the Ministry of Interior, Public Administration.13 The latter has recently instituted a specific department for e-Government, whereas sector specific e-Government projects are implemented by individual government bodies. The Information Technology Committee was established in 2004 by the Ministerial Council and is operating as a common platform for planning and development of Information Technology. Its task is to The development of e-Governance and the issue of digital... 99 12 See (visited 8/8/2007). 13 See e-Government Fact sheet, op. cit., 16; Iglezakis, op. cit., 92. coordinate and monitor the initiatives of public institutions aiming to promote the use of new technologies and e-Government.While it was responsible initially for strategy planning and IT development, it became the common platform for political planning, coordination, monitoring and developing of the Information Technology and in more particular, for the monitoring of the implementation of the ‘digital strategy 2006–2013’ by public institutions. The Ministry of the Interior, Public Administration and Decentralization is formally assigned with the responsibility for the development of e-Government in Greece. The ministry has a long experience in managing e-Government projects in the past and manages national and European funds within the Operational Programme for the Information Society (OPIS).Within the Ministry, the General Secretariat for Public Administration and e-Government14 was established, with main responsibility to tackle e-Government issues. The role of this body is central for the development of e-Government in Greece. In more general, the responsibility for the development of the Information Society lies with the Special Secretariat of Digital Planning in the Ministry of Economy and Finance. Since there is a clear need for the coordination of e-Government policies, this task is assigned to the General Secretariat for Public Administration and e-Government and to the Special Secretariat of Digital Planning of the Ministry of Economy and Finance15 (renamed from the former Special Secretariat for the Information Society). Another institution which has been recently established by the Ministry of the Interior, Public Administration and Decentralization, is the e-Government Forum.The role of the forum is clearly consultative.The forum aims at establishing links with the business community, at submitting proposals for the use of ICT in the public sector, and also at fruitfully exploit theoretical knowledge and experience in 100 Ioannis Iglezakis 14 . 15 See (visited 3/8/2007). e-Government.The forum could evidently promote coordinated action between the public sector bodies offering e-Government services. The implementation of e-Government projects is carried out by the Information Society, S.A., and by individual government bodies, as well as regional and local government bodies.The former was established in 2001 and is a state-owned company, which has as a task to support the implementation of the OPIS. To achieve this goal, the company implements and utilizes the national e-Government infrastructure, e.g. the Syzefxis network. The national bodies implementing e-Government actions are supported by a number of institutions, i.e., i) the General Secretariat for Public Administration and e-Government, ii) the Managing Authority of the OPIS, iii) the Information Society, S.A., and iv) the Observatory for the Greek Information Society,16 which is an independent Private Law Body Corporate.17 Furthermore, auditing of e-Government projects and activities is carried out by the Hellenic Court of Audit. This court is generally responsible for auditing expenditure and monitoring the revenue of the state, of local administrative bodies and other public corporate bodies. In addition, control of personal data processing from national administrative bodies is exercised by the Hellenic Data Protection Authority, which is an independent administrative body, established by Law Nr. 2472 of 1997 (transposing Directive 95/46/EC).18 2.3 Specific e-Government Services The development of e-Government services is currently characterized by the multitude of services provided, while not long ago only the The development of e-Governance and the issue of digital... 101 16 . 17 The Observatory for the Information Society was founded by Law 3059/2002 (Government Gazette _ 241/11.10.2002) and is supervised by the Ministers of National Economy and Finance, of Internal Affairs, Public Administration and Decentralization. See (visited 3/8/2007). 18 www.dpa.gr services of the tax authorities were accessible online.19 This concerns only electronic services of governmental bodies, whereas at local level efficient e-Services are lacking.20 It is also irrefutable that no initiative towards the introduction of e-Democracy schemes has been undertaken so far.This runs in contradiction with the civil society, for there is already a participative spirit developed among cybercitizens, as it is evident from the increased number of Greek bloggers presenting their views on current social and political issues and the emergence of sites hosting NGOs and other political organisations. It follows a brief description of the e-Government services offered by the central administration, which are fully interactive, and of those under development. 2.3.1 Government-to-Government The Syzefxis Project The Syzefxis network is a very significant project aiming at establishing an electronic communications infrastructure in the public sector. In more particular, this would establish a network infrastructure that will be used for e-Government and electronic signatures (PKI) in the Greek public sector.21 It extends over the entire country, connecting over 2000 public sector bodies through four virtual private networks.The advantages of the introduction of this network are the simplification of procedures, better cooperation and coordination, and the saving of financial resources. The Syzefxis project provides data exchange and voice over IP services, broadband and e-mail services, offers an e-Learning platform that 102 Ioannis Iglezakis 19 However, Greece still holds a low ranking compared with other countries; in particular, it ranks 91th in the Seventh Global e-Government Study of the Brown University, as regards the overall e-Government performance; . 20 See P. Hahamis/J. Iles/M. Healy, ‘e-Government in Greece: Bridging the gap Between Need and Reality’, The Electronic Journal of e-Government, vol. 3, issue 4 (2005), 185–92, where it is stated that: ‘a content study of Greek government websites reveals that local level e-Government has generally not progressed beyond the information presentation stage’. 21 See . would be used to provide guided instruction to civil servants, and operates an Internet portal22 that offers value-added services, e.g. directory, telecooperation, teleconference and helpdesk services. It also provides PKI infrastructure services, i.e. electronic signatures and digital certificates that will be used for cross-agency transactions, introducing thus an electronic identity management scheme. In particular, 50 000 smart cards and 10 000 pertinent card readers will be distributed to civil servants.These smart cards contain two digital certificates employed for electronic signing and ciphering of documents. Regarding the management of the digital certificates it should be noted that a Root Certification Authority has been established in 2006, with responsibility to define certification policy and standards, and coordinate other public services offering certification services. This Authority issued consequently a Certification Practices Statement (Government Gazette 1654/B/10-11-2006). The PKI system of the Syzefxis Project is further based upon five certification authorities (CAs), which will be established once the relevant ministerial decisions are signed: i) Ministry of Interior, Public Administration and Decentralization CA, ii) Ministry of National Economy and Finance CA, iii) Ministry of Health and Social Solidarity CA, iv) Ministry of Public Order CA and v) Ministry of National Defence CA. In May 2007, the Minister of the Interior, Public Administration and Decentralization signed a circular for the initiation of the distribution of digital signatures to civil servants. The first certificates will be provided to high-level officials employed in the various Ministries. Thus, the PKI infrastructure is about to become operational, while other parts of the project, such as the training module, are also functioning.