Administration Beyond E-Government: Restoration of Administrative Legality and Individual Rights in the Era of Digital Administration

Abstract

The stage following the electronic administration phase involves several imperatives. The most important of these are how to redefine the concept of administrative legality, and how to achieve safeguards for individuals' rights and freedoms in the face of the administration's new operational method, namely automated decisions and digital administration.Branching from this are new concepts, most notably electronic or digital administrative legality. This requires digital administration to be subject to the same legal rules that govern the administration's work, along with the resulting complications regarding the extent to which these rules can be applied to digital administration and smart systems.Furthermore, there is a necessity to safeguard individual freedoms and rights under digital administration. This can be achieved by granting individuals the right to appeal—even digitally—against digital administrative decisions that affect their rights. Additionally, there is a need for administrative employees to intervene personally to review sensitive digital administrative decisions that impact individual rights. The imperatives of protecting fundamental rights and freedoms also include safeguarding individuals' personal data, which may be vulnerable to violation during the digital operations carried out by the administration.

In this research, we addressed the stage that follows electronic governance, along with the related reformulation of the concept of legality within administrative work, and the variation in guarantees that safeguard individuals' fundamental rights and freedoms in the face of digital administrative decisions.