The Double Darkness of Digitalization: Shaping Digital-ready Legislation to Reshape the Conditions for Public-sector Digitalization

Abstract

In recent years, policymakers have begun to problematize how legislation stands in the way of the digitalization of the public sector. We are witnessing the emergence of a new phenomenon, digital-ready legislation, which implies that, whenever possible, new legislation should build on simple rules and unambiguous terminology to reduce the need for professional (human) discretion and allow for the extended use of automated case processing in public-sector organizations. Digital-ready legislation has potentially wide-ranging consequences because it creates the conditions for how public organizations are digitalized. The processes, practices, choices, and responsibilities for drafting digital-ready legislation, however, are not well-described or debated. Digital-ready legislation is a dormant issue. This paper develops the notion of the “double darkness” of digitalization to account for this. Based on a qualitative study, the paper investigates how digital-ready legislation as a sociotechnical arrangement is shaped by policy tools and by a complex, collaborative process where responsibility for legislation is fragmented. It argues that although the policy tools are aimed at making actors responsible for digitalization and creating clarity about the process, actors seem to be reluctant to take on the responsibility for making political decisions related to digitalization.

Digital Transformation Technologies Of Legal Proceedings In Civil And Administrative Cases

“…By the end of 2019, more than 3 million cases in trade relations, copyright and other economic disputes were considered in the so-called "mobile court". The Chinese model is interesting to most civilists (Plesner & Justesen, 2021) as an alternative model of justice. To begin with, the court stopped using the traditional procedural form.…”

“…Chinese scientists do not see a problem in violating the principle of direct proceedings and it is indicated that the judge is still responsible for the decision, its content and justice (Plesner & Justesen, 2021). The technology is also used in criminal cases such as robbery and murder.…”

Constraining context: Situating datafication in public administration

“…Most constraints face contrary pressure from policymakers and other actors who work to maintain the sociotechnical imaginary and therefore aim to get rid of these obstacles. This has led, for example, to the idea of digitalization-friendly law, which is intended to enhance datafication (Plesner and Justesen, 2021). There is little reflection in the field on why these obstacles have been established in the first place.…”

China Pakistan Economic Corridor Digital Transformation

“…First of all, the Government of Pakistan should establish a Digitalization and Transformation Center (DTC) for CPEC under new proposed rules of re-organizing the Federal Government proposed by the Institutional Reform Cell (Gov-IRC-PK., 2021 ). This means the legislation will not stand in the way of the digitalization of the public sector (Plesner and Justesen, 2022 ). Then it should be linked with the National Information Technology Board (NITB), which is the combination of Pakistan Computer Bureau (PCB) and Electronic Government Directorate (EGD) commissioned by the Ministry of Information Technology and Telecommunication (MoIT) for technical assistance (hard & soft).…”