Inneradministrative Informationsrechtsverhältnisse unter den Bedingungen der Verwaltungsdigitalisierung

Abstract

The exchange of data and information between authorities forms the backbone of the digitalization of public administration. However, these internal administrative information relations have hardly been the focus of legal scholarly interest, although they are subject to a multitude of regulations, some of which can be found in general administrative procedural law, but above all in specialized administrative law at different normative levels and with varying degrees of regulatory intensity. This article examines the prerequisites and limits of the exchange of data and information between authorities by analyzing the rules on mutual assistance, which are paradigmatic of the very heterogeneous body of rules dealing with intra-administrative legal relationships, with a particular focus on data protection requirements. Since common standards with regard to data governance and technical interfaces are a prerequisite for the effective inter-federal exchange of data and information, the article then explores the standardization powers of the federal level in the federal administrative structure. Finally, it discusses regulatory structures implementing the Once-Only principle, which formulates the expectations of citizens and companies with regard to internal information exchange in a functionally and organizationally differentiated administrative system.