Reconciling Privacy and Access Interests in E-Government

Abstract

Privacy is both the most often cited and the least understood rationale for information policy aimed at protecting the disclosure of governmental information. The use of privacy as a means of limiting governmental information sharing has expanded rapidly in recent years, as a variety of interests—all seemingly concerned with informational privacy—have emerged in the policy making arena. Governments increasingly turning to e-government solutions must confront privacy issues while maintaining access to governmental information.

One of the most contentious privacy–access issues concerns the digitization of court records. Historically open to the public in paper form with limited exceptions, electronic court filings raise novel privacy issues unimagined by keepers of paper-based records systems. This paper looks at the rules that a number of municipal and state governments have adopted in order to move court records online. It examines the new court rules in light of the origins of informational privacy law, offering an avenue for comparing modern conceptualizations of data privacy with the legal principles created in seminal privacy decisions related to informational privacy. Using the rules themselves, the paper explores the dominant strands of privacy doctrine, illustrating the divide between privacy law and privacy policy regarding data protection statutes, freedom of information law exemptions, and other data controls.     

God and the Political Planet

The resurgence of political Islam and the endurance of broad religious belief in the most modern of societies—America—has created a crisis of faith among secularists. If modernity no longer implies a secular outlook, and secularism, by definition, cannot generate any values beyond an indifferent tolerance of all belief, what role will religion play in the 21st century? In an interesting confluence of reflection, Jürgen Habermas, one of Europe's leading secular liberal thinkers, argues that secular citizens must be open to religious influence, especially since the very identity of Western culture is rooted in Judeo‐Christian values. In his political afterlife, Tony Blair has converted to Catholicism and established a Faith Foundation to press for religious literacy because “you can't understand the modern world unless you understand the importance of religious faith.” Similarly, when Pope Benedict XVI visited secular France in September, President Nicholas Sarkozy scandalized the lay establishment by saying, like Habermas, that “rejecting a dialogue with religion would be a cultural and intellectual error.” He called for “a positive secularism that debates, respects and includes, not a secularism that rejects.” Despite the flurry of controversy over a recent spate of books extolling the virtues of atheism in the wake of Islamist terrorism, the more interesting issue by far is the emergence of post‐secular modernity.     

Fertility decline and social service access: Reconciling behavioral and medical models

In this summary of fertility literature the author attempts to differentiate between the effects of behavioral and medical models of family planning programs on the fertility rate. This is done by determining the effects of access to social welfare services by assessment of: the function of children within the family life survey conducted in the Cameroons are also used. It was found that 7 interdependent elements of social service are involved: 1) general health care; 2) social security for sick and aged; 3) employment training and opportunities for adults; 4) literacy and education; 5) communication and transportation systems; 6) housing and infrastructure; 7) child care and welfare. The presence of these elements is shown to accompany low fertility while their absence is expressed in high rates of child bearing. These elements are major variables in both the nomological and public policy senses. 2 additional components are knowledge of and favorable attitudes towards effective means of fertility control plus effective mechanical, chemical, or natural means of limiting fertility. The concept of fertility norm and its impact on the fertility rate is explained as being the result of the collective force which social affiliations exert on people to reproduce in a certain way. The "stopping rule" is that which will fulfill the fertility norm. An example of this is a culture which continues child bearing until a son has been born and then controls reproduction after this has happened. Such factors must be considered for family planning programs to succeed in these cultures. Therefore fertility levels are found to be the product of prevailing norms and technical ability to achieve these norms. Improvement in levels of access to social services can bring about the lowering of these norms.     

Reconciling public administration and democracy: the role of the responsible administrator

This article considers whether the individual responsibilities of bureaucratic officials provide a useful means for reconciling the tension between democracy and bureaucracy. Three questions central to the proper definition of bureaucratic responsibility are examined: (1) What is the relation of bureaucratic responsibility to the view that proper bureaucratic conduct is essentially a matter of ethics and morality? (2) If the appeal to moral values does not ordinarily offer an acceptable guide to proper bureaucratic conduct, upon what principles does a theory of bureaucratic responsibility rest? (3) What issues arise in putting responsibility into practice within a complex organizational setting? The article concludes that a democratic, process-based conception offers the most useful way of thinking about the responsibilities of bureaucratic officials.

The tension between democracy and bureaucracy has bedeviled public administration. However one defines democracy, its core demand for responsiveness (to higher political authorities, the public, client groups, or whatever the presumed agent of democratic rule) does not neatly square with notions of effective organization of the policy process and efficient delivery of goods and services, which are central to the definition of bureaucracy. Responsiveness need not guarantee efficiency, while bureaucratic effectiveness and efficiency often belie democratic control.

This tension between democracy and bureaucracy persists, but that it is the individual administrator who directly experiences the tension is especially important as a guide toward a resolution of this conflict. Since divergence is central to this tension between democracy and bureaucracy, speculation about the responsibilities of bureaucratic officials—their individual places within the bureaucracy, particularly the administrator's thoughts, choices, and actions—provides fruitful terrain for resolving the question of bureaucracy's place within a democratic system of rule.

Three questions need to be addressed if one accepts the premise that individual responsibility is central to locating the place of bureaucracy in a democratic order. First, what is unique about bureaucratic responsibility, especially in contrast to the view that these are largely ethical problems that can be resolved by appeal to moral values? Second, if dilemmas of bureaucratic conduct are by and large not resolvable through appeal to moral values, upon what other principles does a theory of bureaucratic responsibility rest? Third, what issues arise in putting responsibility into practice, especially within a complex organizational setting? This list of questions is not meant to be exhaustive but only a starting point for discussion.     

Reconciling Expert Advice and Community Opinion in a Local Government Strategic Planning Process

This article proposes that the eventual outcomes of local government strategic policy deliberations can often reflect the interplay between “expert” administrative staff, democratically elected politicians, and the community they jointly serve. A multi-site case study approach, to examine the generation of local government strategy related to a niche economic activity concludes that broadly conceptualized opinion congruence can sometimes be threatened by substantial pockets of stakeholder vested interest. As such, “expert” and “political” opinion reflects a caution based on both historical experience and political expediency; while community opinion displays an optimism based on eager anticipation of an unknown future.