20 | Annual Report 2019
For all these reasons, it is vital that digital solutions are designed from the beginning in such a
way that the solutions meet the administrative
legal requirements.
The Ombudsman’s role
At the Ombudsman institution, we are currently
considering how the Ombudsman in the best
possible way can contribute to ensure that administrative law and citizens’ legal rights are
included concurrently with the development of
digital solutions.
It is not the ordinary role of the Ombudsman to
contribute to the design of the public administration’s systems in relation to for example
record-keeping and case processing. And, as
already mentioned, it is always the responsibility
of the authorities themselves that the systems
observe the administrative legal requirements.
The Ombudsman is usually the last step in the
process when it comes to checking whether
decisions already reached by the authorities
are legitimate and correct. The principle that
the Ombudsman conducts an ex post control
and does not take part in the authority’s own
decision-making process is for good reasons
a well-established principle. But precisely as
far as development of digital solutions is concerned, we are currently considering how we
can contribute in the best possible way within this special field so that the authorities can
thoroughly consider the solutions from a legal
point of view at an early stage. This is a difficult exercise since the Ombudsman is not (and
should not be) a design body but a control body.
But this is also an extremely important exercise.
Because, if used correctly, digital solutions can
contribute to ensuring correct decisions and
increase the service provided by the public administration to citizens.
My ambition is that the Ombudsman institution
in the best possible way – within the scope of the
Ombudsman’s authority – supports that society
can reap the benefits of this huge potential but
only without causing damage to citizens’ legal
rights during the process.
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