Instruments of Public Law

DIGITAL TRANSFORMATION DURING THE PANDEMIC. INSTRUMENTS OF PUBLIC LAW *

INTRODUCTION *

I. GENERAL SUBJECTS *

1. THE NOTION OF DIGITAL TRANSFORMATION *

1. Introduction *

2. Structural analysis of juridisation *

3. Contextual analysis of occurrence in normative acts *

4. Explanations of a term "digital transformation" in the literature *

5. Digital transformation in public administration *

6. Conclusions *

2. THE PANDEMIC PHENOMENON - A FEW GENERAL REMARKS *

1. Introduction *

2. The term "pandemic" *

3. A short story about pandemic COVID-19 *

4. Pandemic and epidemic issues in Polish law and practice *

5. Conclusions *

3. PUBLIC LAW INSTRUMENTS *

1. Introduction *

2. Polish doctrine *

3. German doctrine *

1. Italian doctrine *

2. Conclusions *

II. EUROPEAN AND NATIONAL PUBLIC-LAW INSTRUMENTS *

1. THE DIGITAL TRANSFORMATION OF THE EUROPEAN UNION IN TIMES OF PANDEMIC - SELECTED ISSUES OF PUBLIC LAW *

1. Introduction *

2. EU digital strategy *

3. Digital technologies: the EU response to a pandemic *

4. Implementation of the EU regulatory programme in Poland *

5. Form of measures taken by the EU: legal nature and legal basis *

6. The scope of measures taken by the EU: general characteristics *

7. Conclusions *

2. POLISH CONSTITUTIONAL INSTITUTIONS IN A PANDEMIC *

1. Introduction *

2. Constitutional tasks and obligations of the state regarding the response to a pandemic *

3. The institution of constitutional extraordinary measures and pandemics *

4. The use of digital solutions in a pandemic - constitutional institutions *

5. Conclusions *

3. USING TECHNOLOGY TO SUPPORT ADMINISTRATIONS IN CONTROLLING THE SARS-COV-2 PANDEMIC *

1. Introduction *

2. The response of the technology *

3. The Italian Immuni app *

4. The problem of fragmentation in the urgency of the pandemic *

5. The need for centralized coordination and privacy concerns *

6. Should the use of an app like Immuni have been mandatory? A question of proportionality *

7. The 2021 Regulation introducing an "interoperable EU Digital COVID Certificate": from a subsidiarity and proportionality perspective *

8. Conclusions *

4. THE PANDEMIC AS A CHANCE FOR ADMINISTRATIVE MODERNIZATION: SOME NOTES FROM GERMANY *

1. Introduction *

2. The current state of digitalization in Germany *

3. The pandemic as driver of the digital workplace and electronic public procurement? *

4. Digital strategy to manage the pandemic crisis in Germany *

5. The German style of pandemic management: federalism and the rule of law *

6. Conclusions *

5. PUBLIC INSTRUMENTS OF DIGITAL TRANSFORMATION DURING TIMES OF PANDEMIC IN THE REPUBLIC OF CROATIA *

1. Introduction *

2. Short chronology of pandemic in the Republic of Croatia *

3. Brief overview of digital transformation and its components in the Republic of Croatia in comparison to the EU *

4. Concise synopsis of Croatian public instruments of digital transformation during times of pandemic *

5. Long-term future outlook of Croatian public instruments of digital transformation *

6. Conclusions *

III. CYBERSECURITY *

1. INFORMATION SECURITY AND CYBERSECURITY IN A PANDEMIC *

1. Introduction *

2. Information and related rights *

3. Privacy protection and security of personal data *

4. Information security and cyber-security *

5. Interoperability of data processing during a pandemic *

6. Conclusions *

2. COUNTERING CYBERCRIME DURING THE PANDEMIC *

1. Introduction *

2. The impact of digital transformation of the state and economy and the COVID - 19 pandemic on cybercrime *

3. Cyberattack scenarios involving COVID-19 *

4. Factors impeding the identification of the perpetrators *

5. De lege ferenda postulates *

6. Conclusions *

IV. HEALTH CARE AND SOCIAL SECURITY *

1. Telemedicine during the epidemic *

1. Introduction *

2. Modifications introduced by the outbreak of COVID-19 *

3. Conclusions *

2. EMERGENCY REMOTE TEACHING IN THE COVID-19 PANDEMIC ERA IN LIGHT OF THE GDPR *

1. Introduction *

2. The legal landscape of data processing in ERT in Poland *

3. Actors involved in ERT and their responsibilities *

4. Principles of data processing and data subjects rights *

5. Conclusions *

3. STANDARDS OF PUBLIC ADMINISTRATION SERVICES FOR THE ELDERLY - A LESSON IN PANDEMIC TIME *

1. Introduction *

2. References *

3. ICT as a support network for mental health and general physical well-being *

4. Problems of long-term institutional care (LTC) standards *

5. Technology-enabledcare *

6. Conclusions *

4. PUBLIC E-SERVICES FOR PEOPLE WITH DISABILITIES DURING THE COVID-19 PANDEMIC *

1. Introduction *

2. A situation of people with disabilities *

3. Public e-service *

4. Barriers to accessing public services *

5. Analysis of the needs of people with disabilities in terms of access to public e-services *

6. Analysis of selected public e-services in the era of Covid-19 *

7. Conclusions *

V. ADMINISTRATION IN A PANDEMIC *

1. ACCESS TO PUBLIC INFORMATION IN A PANDEMIC *

1. Introduction *

2. Principles of access to public information in the Republic of Poland *

3. Modification of regulations in the first period of the pandemic *

4. Assessment of legal solutions for limiting the right to information in the first pandemic period *

5. Conclusion *

2. COMMON REMOTE ACCESS TO PUBLIC SPATIAL DATA IN A PANDEMIC SITUATION ON THE EXAMPLE OF THE GEOPORTAL *

1. Introduction *

2. Geoportal as a point of common access to public data *

3. Data shared in the Geoportal during the pandemic *

3.1. Coronavirus related data, services and recommendations made available on the Geoportal *

3.2. Accessibility to the new data *

4. The use of the Geoportal and activities promoting it *

5. Changes in existing regulations and common availability of public spatial data *

5.1. Changes made by the "Shield 4.0" law *

5.2. Amendments to the Geodetic and Cartographic Law *

6. Conclusions *

3. VERIFICATION OF IDENTITY IN A PANDEMIC *

1. Introduction *

2. The concept and meaning of identity identification *

3. The impact of a pandemic on the identification process *

4. Biometric identification during a pandemic *

5. Conclusions *

4. REMOTE WORKING IN PUBLIC ADMINISTRATION DURING A PANDEMIC VERSUS DATA PROTECTION *

1. Introduction *

2. Processing of employees' personal data in the context of remote working *

3. Processing of personal data in remote working *

3.1. Organizational resources *

3.2. Technical resources *

4. Conclusions *

VI. ECONOMIC ACTIVITY AND FINANCIAL SYSTEM DURING A PANDEMIC *

SUPPORTING ENTREPRENEURSHIP DURING THE COVID-19 PANDEMIC *

1. Introduction *

2. Freedom of establishment and entrepreneurship *

3. Forms of support for entrepreneurship *

4. Conclusions *

1. IMPROVING THE ELECTRONIC COMMUNICATION OF THE TAXPAYER WITH THE TAX AUTHORITIES DURING THE PANDEMIC *

1. Introduction *

2. Legal basis for obligations and powers to file tax returns electronically *

3. Tax portals of tax administration bodies *

4. New e-services introduced in the pandemic period *

5. Other forms of communication between taxpayers and tax authorities *

6. Conclusions *

VII. EDUCATION IN A PANDEMIC *

1. PROBLEMS OF DIGITAL TRANSFORMATION OF UNIVERSITIES IN TIMES OF PANDEMIC - FIRST EXPERIENCES *

3. Introduction *

4. Legal basis for the functioning of polish universities during the pandemic *

5. The role of Shield 2.0 and Shield 4.0 to the functioning of universities in times of pandemic *

6. Specific solutions resulting from the regulations of the MoSHE for the functioning of HEIs during a pandemic *

1. Digital transformation - a challenge for universities *

2. Conclusions *

2. USE OF EDUCATIONAL APPLICATIONS, INCLUDING VIDEO GAMES, BY PUBLIC ENTITIES DURING THE PANDEMIC *

3. Introduction *

2. Video games and educational apps as tools to support non-manual information instruments of public actors in education *

3. Cooperation between public and commercial entities in the scope of using video games to prevent the rapid and uncontrolled spread of the Coronavirus *

4. The social significance of video games before and during a pandemic in Poland *

5. Conclusions *

3. THE ROLE OF INFOGRAPHICS IN REDUCING UNCERTAINTY IN A PANDEMIC SITUATION *

1. Introduction *

2. Forms of uncertainty reduction in the information society *

3. Characteristics of infographics and their usefulness during a pandemic *

4. The themes of the infographics *

5. Functions of infographics *

6. Internet dissemination *

7. Image proportions *

8. Use of infographics by public actors in a pandemic situation *

9. Conclusions *

FINAL REMARKS *