Abstract

Perspectives of IT Use in Public Administration

In the context of public administration, the employment of information technology and internet functions is both mandatory and self-evident and a technological, organizational, economic and legal challenge. In particular, the diffuse, proto-utilitarian, and largely un-democratic development of the internet challenges government agencies to balance the possibilities of web-based modernization with the prerequisites of the democratic constitutional state: How much IT standardization, IT centralization, IT security, participation and transparency does public administration need And how much can it tolerate Art. 91c of the German Constitution (“Grundgesetz”) and the basic “Right to the confidentiality and integrity of IT systems” as stipulated by the German Federal Constitutional Court (“Bundesverfassungsgericht”) hardly provide any answers to these questions. Equally, administrative law is still sketchy on the topic despite the introduction of a draft “E-Government Act” in the Bundestag on September 19th, 2012. As a consequence, providing the necessary legal framework for innovations like Cloud Computing, social networks, or Open Data – without inhibiting their progress and practical implementation – is an urgent task for both the executive and legislative branches of government. Achieving these objectives requires courageous decision-making and willingness for change. In the internet age, the regulating force of the law is constantly diminishing. A connected, media-continuous electronic administration will, by definition, be open (thus the term “Open Government”). If it is possible to transform administrations into customer-friendly service providers and leave behind traditional authoritative ways of thinking, this aspect – openness, transparency – might guarantee an increased popular legitimization of the public sector. The enhanced/increased acceptance with the people of a responsive democracy is well worth the effort.