I believe the publication of the provisions on Foia and Cad approved in preliminary examination by the government on January 20 push us, as an association, to a position of criticism, constructive as always but also, this time, tough. And this despite the fact that the modification decree on the Cad contains innovative and positive elements (especially, but not only, on digital identity, on various aspects of conservation, on the greater weight attributed to Agid) and the fact that the Foia has entered the government agenda (even if it risks being so only nominally).
The key point, in my opinion, is that with these texts (fortunately still subject to modifications, but by no means taken for granted) and with the process followed to elaborate them, it undermines the basis, and in substance, the principles of open administration, the implementation of which thus distances itself perhaps irreparably in the short term. And this is because (for example, I take only some points):
- despite the fact that socially relevant issues were being dealt with, and the request expressed by various associations, the elaboration process was closed to participation (and the results can be seen, even with errors still present);
- the illustrative reports do not explain the decisions taken, but try to present them avoiding the most controversial points (see the repeals of the new Cad, such as that of article 50-bis on operational continuity);
- with the formula of silence-denial, the decree "on Foia", in addition to making access very unlikely, affirms the principle whereby the administration must not give reasons for its decisions, unless upon express request and at the cost of lengthy legal proceedings ;
- the governance that is defined in the new Cad does not envisage any participation or collaboration of civil society that is not extemporaneous. Not even in the form of a multi-stakeholder consultation;
- by identifying the ombudsman with the manager responsible for the "digital transition" office, the new Cad effectively disregards the importance of impartiality in the assessment of complaints between citizens and the administration;
- in the new Cad the points relating to open source software, to reuse, are weakened, the chapter of intelligent communities is effectively closed without opening new perspectives.
This is why I believe that the maximum effort must be made, aiming, above all, at getting these issues out of the area of specialists and insiders, outside the digital niche. There is talk of transparency, of citizen participation, it is everyone's business. And only with this awareness can we change these texts and (re)put Italy on the path of Open Government.
Note: here you can collaborate to suggest changes to the Cad decree e here the location which we took as Foia4Italy.
