In Argentina, we have had a Digital Signature Law for more than 20 years: it regulates and provides both security and full legal validity to any digitally or electronically signed document.
Banks use digital documents to enter into contracts for loans and credit cards without using a single piece of paper. The National State, many years ago, implemented digital files, so that almost all national public documents are digital.
On the substitutes' bench are the municipalities: anxiously waiting to take the field.
Those who have never worked in public administration may think "municipalities do not digitize because they do not want to". Those of us who have been on the other side of the counter know that the reality is far from that.
Why is it not done?
The two main factors: fear and ignorance.
Something that many people do not know is that there are several positions at the municipal level that, in the face of a hypothetical judicial problem or a fine, are liable with their own patrimony; reason enough to think twice, right?
To this recipe we could add two ingredients: there is little knowledge about the right way to go and, so far, there is little knowledge about the right way to go. of the 2,324 jurisdictions that exist in Argentina, nearly 4% have implemented it in full. (i.e., full paperless digitization with digital records) according to Wai's latest report.
If we count the municipalities that have implemented digital processes we are talking about a much higher percentage (today the 80% has some digital initiative), but the idea, in this analysis, is to refer only to digital files.
What would be the way to digitize?
Let's make a brief review of the most important concepts to consider when implementing digital records at the municipal level:
1. Train staff members: we are not referring to training on the use of a system. We are referring to workshops that provide a conceptual framework for signing officials: differences between digital and electronic signatures, different digital file systems, experiences in other jurisdictions, current regulations, etc.
2. Review the regulations in each jurisdiction: There is no regulation that prevents the use of digital documents; on the contrary, there are regulations that equate the legal value of digital documents with the old handwritten signature papers. But this does not mean that procedures should not be adapted in each jurisdiction because each case has its particularities.
3. Rely on experienced specialists: It is not necessary to be an expert on the subject; but even if you have the best Legal and Technical Secretariat, training in this area is very specific and it is always desirable to have support.
4. Choose a system that is easy to use: more and more systems are appearing on the market every day. The ecosystem govtech (technology for governments) is increasing in our country. The choice, in addition to the functionalities of the system, should be based on its ease of use, since in the municipalities there are very heterogeneous realities in terms of training and knowledge of the use of systems. The chosen system must guarantee its easy implementation by all types of profiles and consider cybersecurity as a key factor.
At the time, the only viable option was GDE (a system provided by the National State). Today there are private alternatives such as Govlink with its Digital Records Module.
What do the Courts of Auditors say?
In some jurisdictions there is a lot of fear of "what the Court of Auditors will say", despite the fact that No controlling body has the power to "prohibit" or "permit" anything.
Controlling bodies have three main functions:
1. Orientation (in the area of regulatory compliance)
2. Control (regulatory compliance)
3. Sanction or correct (in case of non-compliance)
But also, beyond what the rules say, it is important to know your preferences in terms of auditing: In general terms, for example, most of the control bodies, have a strong preference for Digital Signatures over Electronic Signatures.
Does this prevent the use of the Electronic Signature? Not at all. In fact, the Electronic Signature is regulated by the same Law as the Digital Signature (Law No. 25,506), which gives it full validity to both mechanisms (with its differences in legal terms) and all Argentine provinces and CABA have adhered to it. However, since the Digital Signature has a different traceability framework, where a Certifying Authority intervenes, there is a preference for the Digital Signature in the case of certain documents.
With respect to external auditing (by the Court of Auditors or any other external body), the digital records system chosen must have functionality for this purpose, so that the body can auditing directly on the original tool. Printing the files and taking them printed for auditing is not correct because traceability is lost. In addition, in legal terms, the printed sheets would be simple copies.
Another suggestion is that a project of this magnitude should be promoted by the Deliberative Councils through an Ordinance. Is 100% necessary? No (unless there is another regulation that goes against the nature of the project), but it is necessary. is highly recommended to provide legitimacy and a local regulatory framework for implementation.
In addition, it is a way to promote these projects also from the Legislative Branch.
Digital records and transparency
Transparency in local governments is a growing demand from citizens.
The existence of a digital records mechanism, instead of the traditional paper one, guarantees a traceability and integrity framework that is impossible (or almost unfeasible) for paper to have.
This not only refers to the inviolability of documents (since a modified digital document loses immediate effect and cannot be validated), but also gives rise to new control and planning mechanisms: for example, obtain statistics on types of files, detect "boxed" files and more.
Why is it important to digitize?
Paper files, which for decades were considered synonymous with formality and security, are increasingly ineffective in guaranteeing basic principles of administrative procedure. Manual foliation and physical filing make it difficult to ensure the real traceability of the proceedings: misplaced pages, misplaced documents, or numbering errors that end up affecting the integrity of the file. What the Procedural Law requires as a clear, continuous and orderly record, in practice becomes a system vulnerable to disorder and loss of information.
In addition, the right of citizens to view their files and obtain copies is becoming increasingly difficult to fulfill in a paper-based environment. It requires transfers, waiting times and physical handling of documents that may deteriorate or disappear. Limited access conspires against transparency and equal opportunities, especially in municipalities with limited human and technical resources. Far from ensuring the principles of publicity and due process imposed by the regulations, today the paper file ends up becoming a barrier to exercising rights.
Is it really possible to eliminate paper altogether?
Let's give the short answer: yes, but some must be safeguarded.
The documents digitally generated (i.e., those generated digitally from their origin) do not need to be printed. If we print them, that paper automatically becomes a simple copy, since the original document is digital.
In return, documents that were originally generated in paper format and were later digitizedIn many cases, they must be stored according to different regulations (for example, 10 years for tax documents or even more years when there is a genuine reason or when they have historical value).
A political decision
The question is not whether municipalities should digitize their records, but how much longer we can afford to keep working with a model that delays, makes it more expensive and weakens transparency. Paper played its role for years and was the best we had at the time. But technology has advanced and we have better tools available: now the decision is 100% political.
