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Chile : They Approve Prioritizing Digitalization in State Administration Procedures.

The proposal, analyzed in the second process, defines the digital procedure as standard, leaving paper support only for specific situations and exceptional cases. The organs of the State will have a maximum period of five years to make the appropriate adjustments, counted from the publication of the law.

Establish as mandatory, without prejudice to some qualified exceptions, the support and electronic processing in the State administration procedures and in the document management is the objective of the project ( bulletin 11882 ) approved by the Chamber of Deputies and sent to third procedure to the Senate.

The proposal, which seeks to improve efficiency and communication between state services, was presented through the reports of the Internal Government and Finance Commissions, which were delivered by the deputy Andrea Parra (PPD) andLeopoldo Prez (RN), respectively.

The text mainly modifies Law 19,880, which establishes the bases of the administrative procedures that govern the acts of the State administration bodies. This framework defines that, in case the law establishes special administrative procedures, this legal framework will be applied as a supplement.

Likewise, it is defined that any administrative procedure must be expressed through the electronic means established by law, except for legal exceptions ; and makes adjustments in the chapter related to the principles of procedure, deed, gratuity and procedural economics.

Then, an article is added that addresses the general principles related to electronic media and that are summarized in: technological neutrality, updating, functional equivalence, fidelity, interoperability and cooperation. Next, we describe the characteristics of each of these principles.

Adjustments are also made to the title that addresses the rights of people in their relations with the State administration, as well as clarifications regarding the proper definition of the administrative procedure, to incorporate the prioritization of electronic systems.

However, it is established that, exceptionally, that person who lacks the technological means, does not have access to electronic means or only acts occasionally through them, may submit applications, forms or documents in the administration offices materially and in support of paper, which will be digitized and entered into the electronic file immediately by the corresponding official. For the above, the procedures to be followed are established, as well as other exceptions in which paper support is applicable, such as emergency situations.

The bill defines a specific section on the mandatory use of electronic platforms in the organs of the State administration for the purpose of keeping electronic records, which must comply with security, interoperability, interconnection and cybersecurity standards.

The writings, documents, acts and actions of all species that are presented or verified in the procedure will be recorded in the corresponding electronic file, following the relevant nomenclatures, according to each stage of the procedure.

The creation and preservation of electronic files is also regulated and it is established that official communications between the organs of the Administration will be recorded on an electronic platform intended for this purpose, whose standard will be defined by regulation by the Ministry General Secretariat of the Presidency and the Treasury.

The proposal also makes other specifications regarding electronic documents and digitalization and introduces modifications in Law 18.845, which establishes microcopy or microgravure document systems.

Deadlines for adjustments

Finally, by means of transitory provisions, the President of the Republic is empowered to establish, within six months, as of the publication of this law, the regulations necessary to regulate the gradualness through one or more decrees for the application of this law for the organs of state administration, type of administrative procedures or matters; and determine the application of all or part of this law, with respect to those administrative procedures regulated in special laws that are expressed through electronic means.

In any case, the aforementioned gradualness may not be extended, for any state administration body, beyond the period of five years , counted from the publication of this law.

Then, it is defined that the regulations mentioned in this law must be issued within one year, counted from the publication of this law, which will take effect 180 days after the last of the publications in the Official Gazette of the aforementioned regulations

It also indicates that the provisions of this law will only apply with respect to administrative procedures that are initiated after its entry into force. In any case, those who had previously started may be changed to electronic media by the respective bodies, with the prior consent of all interested parties.

Finally, specifications are established around the Civil Registry and, among other rules, it is determined that the highest fiscal expenditure represented by the application of this law during its first budget year will be financed with budgetary reallocations and in subsequent years, defined in the Budget Law.

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Publication:Mena Report
Date:Aug 16, 2019
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