e-government__legal_institutional_and_technical_frameworks - nizar ben neji - us embassy - 04-11-16

E-Government: Legal, Institutional

and Technical Frameworks

Information Resource Center

US Embassy

November, 4th 2016

Information Resource Center – US Embassy

and Technical Frameworks

Faculty of Sciences of Bizerte (FSB)

University of Carthage

Dr. Nizar Ben Neji

Group Photo

About Me

Faculty of Sciences of

BizerteUniversity of Carthage

Nizar Ben Neji 1

Generalities about E-Government

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1. Concept of e-Government

2. Actors

3. Classes of the Electronic Services

4. Main Benefits

5. Global E-government Ranking

E-Government Concept� Different common appellations

� Electronic Government (E-Government)

� Electronic Administration

� E-Governance

� Use of Information and Communication Technologies (ICT) to improve the

public administration services

� Internet

� Electronic communication (e-mail, SMS, Social Network, …)� Electronic communication (e-mail, SMS, Social Network, …)

� Mobile and cloud technologies

� Electronic documents ( eID, e-contract, e-invoice, …)

� Electronic payment ( Internet banking, m-banking, …)

� Electronic proofs (Digital signature, Time stamping, Digital postmark, …)

� Electronic archiving

� …

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Classes of E-Services� Three main actors: Government, Businesses, and Citizens

� Delivery models of e-Government can be divided into three main classes of

online services:

� Government to Government (G2G)

� Government to Businesses (G2B or B2G)

� Government to Citizens (G2C or C2G)

� Informational services (1 way) and/or interactive services (2 ways)

� Free or paid services� Free or paid services

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Government (G) Business (B) Citizen (C)

Government (G) G2G G2B G2C

Business (B) B2G B2B B2C

Citizen (C) C2G C2B C2C

Government Private Sector Civil Society

E-Government Benefits

Greater Efficiency

and Effectiveness

Better and Faster

AccessEconomic Growth

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Better Quality of

Service

Go green and

environmental

protection

Citizens, civil society

and private sector

Participation

Increase Transparency

and greater trust

United Nations E-Government Survey� United Nations Public Administration Network (UNPAN) is conducting a bi-

annual E-Government Survey

� E-Government Survey assesses the 193 member states of the UN according

to two main criteria:

� E-Readiness (Legal, Institutions, Infrastructure, Projects, …)

� E-Participation (Citizen, Civil society and Private sector)

2010 2012 2014 2016

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Africa: 1st

Global: 66th

Africa: 4th

Global: 103rd

Africa: 1st

Global: 75th

Africa: 2nd

Global: 72nd

2010 2012 2014 2016

UN E-Government Award 2014

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E-Government: The case of Tunisia

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1. Legislative texts (laws, decrees, ministerial orders…)

2. Involved public entities

3. IT Infrastructure and technical means

Legal FrameworkSTACK OF RULES

Periodic Security Audit and Control and

Emergency Response

Legal Digital Investigation and Incrimination Cyber Attacks

Illegal use of Personal Data

Protection of Personal Data

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E-Documents: E-ID, E-Contracts, E-Invoices, E-

Agreements,…

E-Proofs: E-Signature, Time Stamping, Electronic

Postmark, …

Homologation of Software and Hardware used for

encryption and digital signature

Electronic Services: E-Commerce, E-Procurement, …


Legal Framework

Law n°2000-57 of June 13th, 2000, Code of Obligations and

Contracts (Article 453)

The electronic document is a writing composed of a set of letters and

numbers or other numeric signs including the one exchanged by

communication media, under the condition that it is of an intelligible content

ELECTRONIC DOCUMENTS

"

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communication media, under the condition that it is of an intelligible content

and is archived on an electronic support which guarantees its reading and

consultation when needed. The electronic document is evidence as a private

deed if it is conserved in its final form by a reliable process and is reinforced

by electronic signature"

Legal Framework

Law n°2000-83 of August 9th 2000 concerning

the Electronic Trade and Exchanges (Article 5, 11, 25 and 37)

� Electronic Certificates as electronic identities

� Authorized Certificate Service Providers (CSP) and recognition of the

ELECTRONIC IDENTITY (eID)

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� Authorized Certificate Service Providers (CSP) and recognition of the

foreign certificate service providers

� Legal value of the Electronic Signature

� Electronic Payment

� Electronic Contract between the merchant and the consumer

� ….

Legal Framework

Decree n° 2016-1066 of August 15th 2016 fixing the Conditions

and Procedures of Issuing the Electronic Invoices (Article 1 & 2)

… Electronic invoices are composed of a set of letters and numbers, with

an intelligible content and archived on electronic support that guarantees

their accessibility and intelligibility … in accordance to the technical

ELECTRONIC INVOICE (e-Invoice)

"

"

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their accessibility and intelligibility … in accordance to the technical

specifications established by the authorized entity …

… The management of the automated system issuing the electronic

invoices is attributed to "Tunisie TradeNet" …

""

"

Legal Framework

Decree n° 2008-2639 dated July 21st 2008, fixing the conditions

and the procedures of importation and commercialization of

means and services of encryption through the

telecommunications network (Article 4)

TECHNICAL APPROVAL OF SOFTWARE AND HARDWARE SOLUTIONS

"

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The encryption means imported or commercialized and used to

encrypt the data exchanged through the telecommunication networks are

submitted to the technical approval of the National Digital Certification

Agency... "

"

Legal Framework

Decree n°2014-1039 of March 13, 2014 regulating the online

public procurement (Article 55)

The procurement procedure can be physical or online … when the

procedure is online, the submission of the technical and the financial offers

have to be through the online public procurement system according to the

ELECTRONIC PROCURMENT (E-Procurement)

"

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have to be through the online public procurement system according to the

procedure established by the High Authority for Public Procurement

(HAICOP)… "

Legal Framework

Article 139 of the Constitution

Local authorities shall adopt the mechanisms of

participatory democracy and the principles of open governance to

ensure the broadest participation of citizens and of civil society in

the preparation of development programmes and land use

OPEN GOVERNMENT

"

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the preparation of development programmes and land use

planning, and follow up on their implementation, in conformity

with the law"

Legal FrameworkPERIODIC AUDIT AND CRONTROL

Law n°2004-5 of February 3rd, 2004 related to Computer Security

(Article 5)

The computer systems and networks coming under various public

institutions are subject to a compulsory and periodic risk assessment of

their computer security, with the exception of computer systems and

"

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their computer security, with the exception of computer systems and

networks that belong to the Ministries of National Defense and the Interior

and Local Development. "

Legal Framework

Organic law n° 2004-63 of July 27th 2004, related to the


… all information regardless of their origin or their format and that directly

or indirectly identify a person or make it identifiable …

PROTECTION OF PERSONAL DATA

""

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� Everyone has the right to the protection of his personal data

� Applicable for the automated and the non automated processing of

personal data

� In e-gov we are processing sensitive data: Identity, Health, Financial

assets, Judicial record, Content of the communications, …

� …

"

Legal Framework

Decree n° 2013-4506 dated November 6th 2013, establishing the

Technical Telecommunications Agency (ATT) (Article 2)

The Technical Telecommunications Agency provides technical support to

judicial investigations in cybercrimes …

LEGAL DIGITAL INVESTIGATION

""

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"

� Belongs to the Presidency of the Government (Prime Ministry)

� Established in 2005

� Its role is to coordinate between the public structures and the

different stakeholders involved in the development of the E-

Government sector

Institutional FrameworkE-GOVERNMENT UNIT

Government sector

� A set of coordinators (attached to ministers) are appointed by

decrees in each ministry in order to help the E-Government Unit to

achieve its missions

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Institutional FrameworkE-GOVERNMENT UNIT

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� Belongs to the Ministry of Information and Communication

Technologies and Digital Economy


� Responsible of hosting, securing and duplicating the E-

Government data, systems and services

Institutional FrameworkNATIONAL COMPUTER CENTER (NCS)

Government data, systems and services

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Back-up Center of Bizerte




� Internet Service Provider (ISP) and an Internet Exchange Point

(IXP) which is Responsible of regulating the entire national

Institutional FrameworkTUNISIAN INTERNET AGENCY (ATI)

(IXP) which is Responsible of regulating the entire national

network infrastructure

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� Root Certification Authority playing the role of a trust third

part in G2G, G2B and G2C services

Institutional FrameworkNATIONAL DIGITAL CERTIFICATION AGENCY (NDCA)

part in G2G, G2B and G2C services

� Delivers Digital Certificates directly or through other CSPs

� Homologation of products used for cryptographic

applications: encryption, digital signing, time stamping, …

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Institutional FrameworkNATIONAL DIGITAL CERTIFICATION AGENCY (NDCA)

TUNIS / ARIANA / BEN AROUS

/ MANOUBA

9 Post Offices

28 Bank Agencies (BH)

ZAGHOUANE

1 Post Office


SFAX

BIZERTE

1 Post Office


KAIROUAN

1 Post Office


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SFAX

2 Post Offices


GABES

1 Post Office

1 Bank Agency (BH)

TATAOUINE

1 Post Office

1 Bank Agency (BH)

SIDI BOUZID

1 Post Office

1 Bank Agency (BH)

TOZEUR

1 Post Office

1 Bank Agency (BH)

KEBILI

1 Post Office

1 Bank Agency (BH)

TOTAL: 133 Registration Units

Institutional FrameworkNATIONAL AGENCY FOR COMPUTER SECURITY (NACS)




� In charge of controlling and auditing the E-Government

services and executing the national IT security strategies

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services and executing the national IT security strategies

� Certifying the security auditors

� TUNCERT (Tunisian Computer Emergency Response Team) a

24/7 working team responsible of providing immediate assistance

to cyber victims




� Technical Telecommunication Agency (TTA) provides technical

investigations into information and communication technology ICT

Institutional FrameworkTECHNICAL TELECOMMUNICATION AGENCY (TTA)

investigations into information and communication technology ICT

crimes. TTA works together with a national committee composed

of members from different ministries.

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� Belongs to the Ministry of Justice and Human Rights

� Created in 2004

� Gives authorizations and control the use of personal data by

public and private entities

Institutional FrameworkNATIONAL AUTHORITY FOR THE PROTECTION OF PERSONAL DATA

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� Belongs to the Ministry of Finance

� Created in 2004

� Single window for the international trades

� Responsible of editing, issuing and archiving the electronic

invoices according to the regulation

Institutional FrameworkTUNISIE TRADENET

invoices according to the regulation

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http://www.tradenet.com.tn/portal/page/elfatoora

� Digital Certificates delivered by NDCA in crypto smartcards

� Face to face recognition

� 2 years certificate

� Persons, Devices, Companies, …

� Encryption

Technical MeansDigital Identity

� Encryption

� Digital Signing (XML, Mail, Text, …)

� …

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Technical MeansDigital Signature of a MS Office Document

Digital Signature Panel

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Technical MeansDigital Signature of a PDF Document

Digital Signature Panel

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Technical MeansDigital Signature of an Email

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� Tunisian Time Stamping Authority (TUN TSA) plays the role of

a trust third entity certifying the time of the e-transactions

� Paid service delivered by NDCA to the public and the private

companies

Technical MeansTime Stamping Service

Address: tsa.certification.tn

Port: 4318

Nizar Ben Neji 33TSA (Time Stamping

Authority)

TS Client Tool

TSTTime Stamping Token

TSRTime Stamping Request

External NTP Server

USER

Port: 4318

GPS – NTP Receiver

HSM

� Internet Banking and Mobile Banking (CCPNET, BHNET,

ATTIJARI CASH MANAGEMENT, AMENET, …)

� Payment with Debit and Credit Cards

� E-wallet systems like E-Dinar system

Technical MeansE-Payment

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� E-Tasrih (Ministry of Finance) is an online tax filing service

allowing companies to pay their taxes online;

� E-Tasrih was estalished in 2005;

� E-Tasrih uses the NDCA’s digital certificates to authenticate

server and clients;

Examples of E-Government ServicesE-Tasrih

server and clients;

� About 4000 companies have to pay their taxes online.

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� E-CNSS (2005) of the Tunisian National Security Fund and E-

CNRPS (2012) of the Tunisian National Pension and Social

Providence Fund (Ministry of Social Affairs) allow online payment

of payroll taxes;

� E-CNSS and E-CNRPS use the NDCA’s digital certificates and the

Examples of E-Government ServicesE-CNSS & E-CNRPS

� E-CNSS and E-CNRPS use the NDCA’s digital certificates and the

NDCA’s time stamping service to secure the online transactions and

to guarantee a long time proof of the electronic operations.

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� A single window for the public procurements, a 24/7 online

bidding system, interconnecting the public procurers and the

private suppliers (RFP, Offers, Selection, E-Contract and Payment)

� Management unit of the High Authority for Public

Procurement (HAICOP) is responsible of administrating,

Examples of E-Government ServicesTunisian E-Procurement System (TUNEPS)

Procurement (HAICOP) is responsible of administrating,

maintaining and exploiting the online platform;

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http://www.tuneps.tn

Examples of E-Government ServicesTunisian E-Procurement System (TUNEPS)

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� B3 document enumerating the criminal records that the

applicant may have

� Send request online and pay by credit cards and receive the B3

document by post

Examples of E-Government ServicesPolice Clearance Certificate (BULLETIN N°3)

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Examples of E-Government ServicesPolice Clearance Certificate (BULLETIN N°3)

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Examples of E-Government ServicesMIZZANIATOUNA (Open Government Data)

http://www.mizaniatouna.gov.tnhttp://www.mizaniatouna.gov.tn

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Examples of E-Government ServicesStatistics of Crimes (Open Government Data)

http://opendata.interieur.gov.tnhttp://opendata.interieur.gov.tn

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Examples of E-Government ServicesNational Statistics (Open Government Data)

http:// www.ins.nat.tnhttp:// www.ins.nat.tn

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Conclusion� Future projects

� National Electronic ID Card (Ministry of Interior)

� Electronic Passport (Ministry of Interior)

� Electronic Health ID Card (CNAM: National Health Insurance Fund)

� …

� Future Challenges

� Need to ensure an equal quality of access to the Internet to make e-

Government services available for anyoneGovernment services available for anyone

� Interaction between E-Government services and Classical services

(need of 100% electronic government)

� Access of the foreigners to the e-Government services (issue of

electronic identification)

� Security and privacy is always a concern

� Electronic Voting or Mobile Voting

� …

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Thank you for your

AttentionDr. Nizar Ben Neji

FSB, University of Carthage

[email protected] / [email protected]@fsb.rnu.tn / [email protected]

(+216) 99 207 377