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    Legal Regulation of Electronic Governance

    READ IN: عربي

    Judge: Kazem Abdul Jassem Al-Zaidi

    Paper summary:

    With the rapid development of information technology and the expansion of the use of modern technologies in all areas of life, it was necessary to shift to the use of information technology in electronic management, which led to a qualitative leap in the completion of transactions and the provision of public services, as one of the most important functions of the state is to find the best mechanisms to improve the delivery of these services, and through government E-operations, the various state agencies can exchange information between them on the one hand and provide services to citizens and the business sector on the other hand, at a high speed and low cost via the Internet while ensuring the confidentiality of transmitted information at any time and any place. The E-Governance is the application of information technology to achieve efficiency and transparency and transform transactions, records, and documents into electronic images, as the E-Governance aims to raise the level of quality and efficiency, develop the work of the administration and enhance its effectiveness, integrate and unify the parts of the organization as an interconnected system, and create the appropriate environment and organizational climate for research and administrative development and provide the best services to citizens, based on equality and integrity, and improving the levels of transparency and combating administrative and financial corruption, providing an information system that allows people to request services and goods directly, quickly, and easily from anywhere in the world, without any restrictions, and reducing administrative complexities. To achieve a sound legal structure of E-Governance, strategic planning is necessary, which includes defining the various objectives, following up on the implementation of the strategy to achieve a general goal within a specific time frame, establishing a department concerned with implementing and organizing the E-Governance project, that trains and qualifies those responsible for managing and organizing the project. The formulation of the legal frameworks for E-Governance requires a set of procedures, including the legislation of laws related to the use of information and communication technology, and that these laws have the appropriate ground in practical application. The Iraqi legislative system still lacks laws that are compatible with the level of development in modern technologies. It needs to enact laws that protect electronic outputs and build E-Governance through E-Governance’s infrastructures towards (computers, software, internet, and E-mail) and legal procedures that support communications, taking into consideration security challenges, privacy protection, and lack of access to emails, legislate a law for electronic protection, and the use of security techniques towards encryption, and the prevention of any entity that is not allowed through the password, which is the code known by one person, or only one entity, and the public key, which is the key known to more than one person, the use of electronic signature and electronic fingerprint to make sure that no one tampers with any E-mail. Although the Iraqi legislator issued the Electronic Signature Law No. (78) of 2012, it is necessary to legislate the laws of electronic transactions, E-trade, and informatics laws, training the competent cadres, and creating a technology department in all ministries and government departments, encouraging electronic work through the exchange of government documents, and that the responses are through electronic work away from “routine” and complexity, and that the provision of appropriate legislation to ensure the protection of data and information and work to deliver the minimum skills to citizens to deal with technology tools, information, service provision and information exchange between the public and private sectors electronically, and the adoption of technology that allows privacy protection recommendations, personal information, and the adoption of new methods of administrative development; To implement the E-Governance system, determine the legal form and form of the service provision site and legislate the electronic personal identity law, and electronic signature. E-Governance is the finest idea of the digital age, as it represents the latest findings of science with applications, ideas, and programs that integrate on the Internet; To facilitate government services provided to the citizen in a more stable and timely manner, in contrast to the traditional methods that dominated.

    Biography of Legal Researcher Judge Kadhim Al-Zaidi

    Judge Kadhim Abdjassem Al-Zaidi

    First Class Master’s Degree Judge in Public Law/ The Netherlands

    Graduate of the Iraqi Judicial Institute (Judges Course 2001)

    Participated in international conferences in Spain, Italy, Jordan, Lebanon, and the UAE.

    Is the author of ten legal books, a member of the Iraqi Judicial Association, a member of the Iraqi Jurists Union, a member of the Iraqi Journalists Syndicate, the Union of Journalists, and the Iraqi Center for Media Freedom.

    Publishing dozens of studies and articles in newspapers, magazines, and websites.