a place for everything and everything in its place
When the Tamil case went missing
As seen above, authorities’ lack of order is not just a bad habit but also a problem which can make it difficult to comply with regulations and good administrative practice. We could mention many more examples, and in addition to
that, there are with great certainty many more which never come to the Ombudsman’s attention. But how about the Ombudsman institution itself? Are we
always on top of things here?
Of course, it is no good just saying yes to this question because it happens regularly that calls go out among the Ombudsman staff for older paper cases, which
– usually – reappear.
A prominent example of such a case is the Tamil case, where the Ombudsman
concluded his investigation in 1989. However, when the impeachment trial had
finished in 1995, all of the most significant documents in the Ombudsman case
were missing. The papers were sought for high and low within the institution
until they reappeared suddenly, several years later. In 2012, the Ombudsman
institution implemented a fully digitalised case and document management
system so this kind of mistake is not likely to happen again. Nevertheless, as
shown in several of the cases mentioned above, it is not enough to have an
electronic case and document management system. Keeping the system in order
also requires a high standard of data discipline from the employees. Systems are
no better than what we put into them!
The Ombudsman’s summary paper on public sector IT solutions
The Ombudsman has in recent years processed a number of cases in which IT has
played a central role and where, regrettably,
it had to be concluded that IT solutions had
not measured up to the requirements of administrative law. On the Ombudsman’s website, there is a summary paper which gives an
overview of the problems within this area
which the Ombudsman’s practice has revealed.
The central message is that the requirements of administrative law apply no matter
how an administrative authority solves a
task in purely administrative-technical
terms. Thus, the usual rules which the authority is to abide by still apply when computers replace paper. Another important
point is that it is the designated authority’s
responsibility that its solutions live up to
the requirements of administrative law –
and the authority has this responsibility
even if it has chosen a standard solution
which turns out to be insufficient. This
applies also if suppliers of IT solutions do
not at all offer a solution which meets the
demands.
The summary paper can be found on http://
en.ombudsmanden.dk/publikationer/.
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