The decrees for the Foia and the Cad respond to the ambitions and needs of the country

PRESS RELEASE by anorc And General states of innovation on the new Digital Administration Code and Foia

“Text incomplete and with many contradictions. If the draft were the one circulating on the net it would be a missed opportunity. Better to stop and correct before delivering an unsatisfactory document to the country, which does not respond to the intentions of the reform "
Incomplete, contradictory. And devoid of any real news. It is the opinion of anorc (National Association for Digital Preservation Operators and Managers) and “General states of innovation” on the new “Digital Administration Code” which appeared in draft on the web after the Council of Ministers which approved, on Wednesday 20, the text that will have to replace the one in force since 2005.
«If the outline of the decree were what we have read, the new "Digital Administration Code" risks representing a missed opportunity to innovate governance processes in a profound and strategic way and respond to the needs for simplification, efficiency and transparency that the citizens demand» he comments Flavia Marzano, president of "General states of innovation”. Adds Nello Iacono, vice president of SGI: «There are some merits in the draft, such as the willingness to implement European legislation, despite errors and ambiguities such as that of the very definition of an IT document, all Italian and in contrast with eIDAS. We also appreciate the simplification on various points more suitable for technical regulation, the emphasis on the issues of digital identity and digital domicile, finally the greater weight attributed to Agid in terms of coordination, opinions and sanctions. For the rest, the limits are really many.

Among these we identify the absolute lack of indications on unequivocal assessments of performance at national level, which are expressly required in the text of the enabling law 124 for the reform of the Public Administration, very few mentions of digital literacy and the participation of citizens in decision-making processes, the intervention on governance, which eliminated the existing bodies without opening up to the necessary participation of the various social actors. In this regard, SGI has given impetus and promoted the work of a large group of experts (more than fifty people), coordinated by Marzano, Fernanda Faini (Foia4Italy) and Lisi (Anorc), with the aim of making proposals for modification and integration to the Digital Administration Code. The proposals of the working group had a profitable impact on the definition of the enabling law, but they remained substantially unheard of in the draft legislative decree amending the Cad that circulates on the net.

«The novelties that emerge are few and confused – he declares Andrea Lisi, president of anorc – Based on the draft we have available, in the new CAD there would be significant changes to the articles 20 and 21, in relation to the electronic document and its probative value: was the need to change the legislation so much felt? Did the enabling law really provide for it? Furthermore, coordination with the eIDAS Regulation appears incomplete and in the repealed or amended regulations there is a certain confusion in the concepts of document management, document conservation, sharing of public archives (with a view to decertification) and open data. Perhaps we should have thought a little more before making a profound impact on this delicate regulatory text, as has often been suggested. Furthermore, it is necessary to clarify another crucial point, i.e. the rules relating to the share capital required of accredited registrars and certified email managers, in order not to risk having heavy repercussions on the activity of many market players». Furthermore, as far as the Foia is concerned, «introducing new concepts into a civil law system, systematic and complex like ours, is always dangerous and must be done with a scalpel and paying great attention. In fact, it is not always a good thing to directly borrow the positive experiences of the common law and with the FOIA we have committed this serious error, forgetting instead to protect, develop and strengthen what was already present in our legal system and, that is, the Legislative Decree 33 /2013, which paradoxically emerges weakened by this much-heralded and useless reform, if important corrections are not made to what we have read in recent days».

Second Fernanda Faini, which is part of the Foia4Italy initiative, «the text of the legislative decree which should contain a Foia (published by Il Fatto Quotidiano and Valigia Blu) does not meet expectations, since the access model envisaged by law 241/ 1990 and the indispensable points promoted by Foia4Italy, which constitute elements necessary to guarantee the effectiveness of an authentic right to know, are not accepted. The legislative decree creates two "parallel" access tools in the legal system, the boundaries of which are not clearly identified, namely access pursuant to law 241/1990 and civic access pursuant to legislative decree 33/2013 as modified and reinterpreted by this legislative decree, which accompanies it with numerous exceptions: the solution is not in line with the international framework, risks complicating implementation and can have the distorting effect of decreasing the degree of transparency of the country and the possibility of accessing the data. For these reasons Foia4Italy has expressed a deeply critical position and has updated and re-launched its petition for a real Italian Foia (http://www.foia4italy.it)».

"We hope that rapid action will be taken to overcome errors, choices and omissions that frustrate an originally very ambitious enabling law - conclude the two associations - It seems to us that the text, probably similar to the one discussed by the government, is oriented towards a mere reorganization of the legislation , eluding the most critical themes. Confirming how wrong was the choice not to involve experts and associations who offered themselves for consultations and opinions, moving towards a closed process is never a good starting point for real innovation, both in this case and in that of the Foia, on which any form of consultation has been precluded.

There is time to change, better do it now before delivering to the country a text that does not meet the needs of citizens and the administration».

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