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Basisregistraties in de knel? Onderzoek naar de noodzaak van een kaderwet voor het stelsel van basisregistraties

Vries, H.G.A. de (2013) Basisregistraties in de knel? Onderzoek naar de noodzaak van een kaderwet voor het stelsel van basisregistraties.

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Abstract:The system of authentic registrations plays an important role in the computerization of the government. An authentic registration is a registration officially appointed by the government, which contains data of high quality, and which has to be used by all public institutions in the performance of public duties without further examinations. The system of authentic registrations is introduced with the aim of making the public services faster and of a better quality for the citizens. The services of the government will be more efficient by means of a single data provision. Reusing of data reduces the administrative burden for citizens and companies and improves the enforcement by the government. In addition, data reusing leads to cost saving, because the government doesn’t need to ask for information already known. Every authentic registration is guaranteed by a specific law. There is no statutory consistency for the system of authentic registrations as a whole. In the meantime, the question arises whether a common legal basis for the system of authentic registrations will be necessary. The Programmaraad Stelsel van Basisregistraties (PSB) states in its plan for 2011 that in the current situation the authentic registrations function as independent entities, each with its own law, data collection and implementation process. Objective of the PSB is to “ensure that the authentic registrations will start to function in interdependence and will behave as a whole towards a consumer”. The question is whether a kaderwet for the authentic registrations could provide a contribution to that objective. Commissioned by the Ministry of the Interior and Kingdom relations research is therefore conducted into the usefulness or the necessity of a kaderwet for the authentic registrations. This report consists of a theoretical description of the phenomenon kaderwetgeving, in which particular attention has been paid to the Algemene wet bestuursrecht (Awb). This act shows many similarities to the objectives that a kaderwet must have for the system of authentic registrations. In addition, a general description of the system of authentic registrations is included and a comparison of the effects of the twelve requirements for authentic registrations. The problem areas are identified based on thirteen interviews and a questionnaire. Based on these problem areas is examined whether and to what extent these twelve requirements should be changed. The results of the questionnaire show that respondents are generally more negative than positive about the functioning of the system of authentic registration. From this can be concluded that respondents have experienced problems, which have influenced their view on the functioning of the system of authentic registrations. The main problem that has been experienced is a lack of direction. This lack of direction is reflected in insufficient persistence and a lack of management (governance). An analysis of the interviews has also revealed that this problem is important to many respondents. Other problem areas mentioned are: harmonization of concepts, mandatory use of system facilities, funding, issues regarding privacy and the allocation of responsibilities in linking databases, insufficient quality of data, the position of citizens (transparency, access and correction rights, security (unauthorized use of data), standardization and the varying influence of users per authentic registration. When these problem areas are related to the twelve requirements, it appears that a lot of the problems are associated to one or more of those requirements. It can be concluded that further regulation of these topics is necessary. In addition, it also becomes clear that the twelve requirements as established in 2003 should still, to a great extent, be applicable to the authentic registrations. The twelve requirements form the basis for the legal framework regarding the basic registrations. Even though a few requirements ought to be adapted to the current ideas about the system of authentic registrations, it is not necessary that certain requirements should be abolished. The analysis of the problem areas, based on the interviews and the questionnaire, shows that for a few topics addition of the current requirements will supply a significant contribution to a better functioning system of authentic registrations. A kaderwet for the system of authentic registrations is a powerful way to establish generic provisions at the legal level, while specific elements can be arranged per basis registration. Reassessment of the twelve requirements shows that a few generic elements can be distilled, which substantively form the basis for regulations with regard to the system of authentic registrations. Alongside the current twelve requirements, there should be three topics formulated as requirement as well. Elements that are specific for a singular authentic registration, should not be molted in a generic form. These elements only apply to a specific authentic registration and it is preferable to place these elements in a specific regulation.
Item Type:Essay (Master)
Clients:
Ministerie van Binnenlandse Zaken en Koninkrijksrelaties, Nederland
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:88 social and public administration
Programme:Public Administration MSc (60020)
Link to this item:https://purl.utwente.nl/essays/63646
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