3 November 2003

Security Laws and Privacy: Striking the Balance
 
Part Two: The Impact on eGovernent

By Thomas B Riley, Executive Director and Chair, Commonwealth Centre for Electronic Governance

In the US large amounts of information that used to be freely available on government web sites were taken off-line post 9/11.

In compiling the CCEG's Security Laws and Privacy Report, evidence was sought to determine if recent anti-terrorism legislation has impacted significantly on eGovernment. Results to date indicate little direct, empirical proof that citizens are not using eGovernment services because of the new laws and regulations. It has been implicitly understood that good security provisions, both through the implementation of technology and writing of sound policies, combined with strong privacy measures, will create confidence in the citizen and establish a certain trust between the government and the citizenry. However, in the area of access to information there is a different reality. In the US in particular large amounts of information that used to be freely available on government web sites were taken off-line post 9/11.

Nevertheless, there are some early signs that security and anti-terrorism legislation is having some possible impact on eGovernment in other jurisdictions.

A May 2002 study by the European organisation, Van Dusseldorp and Partners released interesting statistics on the actual usage of eGovernment programs in 27 countries. The study found that there is a general reluctance by citizens in European countries to provide personal information such as credit card or banking details online to government organisations.

Of those surveyed, two thirds of respondents felt 'unsafe' with giving out personal information online. Germany was the most concerned (85 per cent) and the US at 72 per cent. Only six per cent of respondents, which translates to 18 per cent of Internet users, have paid for government services or products online. The study also showed that 20 per cent of Internet users have gone online to find government information.

One of the most interesting findings is the degree to which the usage by people in a given jurisdiction varies from country to country. For example, Norway and Denmark have the highest eGovernment usage by citizens at 53 per cent and 47 per cent respectively, while Finland and North America stand at 46 per cent and the US at just over a third. At the other end of the scale, there has been relatively low eGovernment usage in France Germany and, interestingly, the UK trailing at just 11 per cent. However, this still does not actually answer the question about the degree to which security legislation is or is not impeding eGovernment initiatives. Whatever the conclusions, it is clear that eGovernment services and transactions are very much at the nascent stage, though these figures show that there is much potential and clear room for growth in this area.

Regarding events of September 11, a 2002 PEW survey found that many US government agencies used their web sites to convey information about the tragic events. However, just seven per cent of the online population went to government, federal and state, to obtain information or ask questions, and half of that 7 per cent sent messages to elected officials in response to the attacks.

While these statistics in the US and in other countries may show increasing use of government websites, there is also another trend occurring that could eventually impact eGovernment acceptance and growth. That change is in the level of information now being withdrawn from many government websites because of the potential threat this might pose to a country's national security. Information on environmental sites, such as Yellowstone Park, suddenly became classified as national security information and was withdrawn from the government's web site. Information on movements of the US naval fleet, once easily available on the Internet, has now been withdrawn since shortly after September 11.

As indicated, this is changing the dynamics of government information and how the citizen can access and use it. The long term, possible deleterious effects have yet to be determined, and it is still premature to be making dire predictions of possible slippage of eGovernment services because of recent legislative developments restricting the sharing of information with the public.

What impact will the erosion of security and privacy rights have on the transactions between government and the public?

Most eGovernment surveys point to privacy and security as of major concern to those who go online. These are not just linked to e-commerce, but also to the way in which citizens will use government sites. Citizens still want a respectable comfort zone that assures them their personal information will be used in limited ways and will not end up in a multitude of databases. Scholars argue that privacy is a core value in liberal, democratic societies and that privacy is considered a fundamental human right. The question remains: what impact will the erosion of these rights have on the transactions between government and the public? Or will citizens make the distinction between the necessity for the government to fight terrorism and use all the tools at their disposal, without anxiety about using online government services?

Some further distance from recent and ongoing actions by governments in regard to their information holdings, enhanced security measures, and reduced privacy rights will be needed.

Politicians, civil liberties groups, associations, unions and privacy advocates need to engage in robust debate on these issues and seek actions for change, but the debate needs to be a rational one, devoid of the rancour and rhetoric that characterize much of the current dialogue. In this way the democratic process will effectively work to create the balance needed to ensure we enjoy privacy rights while recognizing the necessity of laws to ensure security of the populace. This tension is the major theme of our time and the consequences will determine the nature of our democracies in the future.

This Report, prepared by the Commonwealth Centre for e-Governance entitled: Security Laws and Privacy: Striking the Balance can be found at the Centre's website: http://www.electronicgov.net/pubs/research_papers/index.shtml

Other articles by Thomas Riley:
- Security Laws and Privacy: Striking the Balance [Part 1]
- An Overview of the Knowledge Economy
- eDemocracy: An Evolution in Progress
- Definining E-Government and E-Governance: Staying the Course
- The Role of Information in eGovernment Implementation
- Change Management and the Relationship to eGovernment
- Privacy Trends: Meeting New Demands
- eDemocracy in a Changing World

Thomas Riley is the co-Founder, Chair of the Board and Chief Executive of the Commonwealth Centre for Electronic Governance, a think-tank set up under a Commonwealth Secretariat programme in London. He is also the President of Riley Information Services, a consultant and advisor specialising in national and international IT policy development, and a Visiting Professor of Law and Technology at the University of Glasgow. For further information he can be contacted at Tom@Rileyis.com