The Legal Framework regulating the High Commission for Digitization

Zakarya BOUAOUNE

doi:10.34174/0079-036-002-025

Auteurs-es

Zakarya BOUAOUNE Faculty of Law, University of Constantine 1, Algeria

DOI :

https://doi.org/10.34174/0079-036-002-025

Mots-clés :

High Commission, Digitization, Digital transformation, Data governance, Digital society

Résumé

The shift towards a digital community requires enormous mechanisms and human and material resources. The High Commission for Digitalization is designated as the principal authority overseeing this endeavor, assuming a pivotal and active role in the realization of the objectives established by the national digitalization strategy. The legislator has endowed the Commission with a range of competencies aimed at promoting the utilization of modern technology and advancing internet development in accordance with the aspirations of public authorities.

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Références

1. Digitalization is a broad concept that encompasses multiple areas and is considered a strategy that is actively developed. For further readings, See: Mazhar, A. Y. M. (2024). Managing digital transformation in organizations: A strategic perspective. Al-Yazouri Scientific Publishing and Distribution.

2. Presidential Decree No. 23-314 of September 6, 2023, establishing a High Commission for Digitalization and defining its functions, organization, and operations. (Official Gazette of Algeria, No. 59, September 10, 2023).

3. Article 29 states: "The provisions of Presidential Decree No. 19-317, dated 29 Rabi' al-Awwal 1441, corresponding to November 26, 2019, on the establishment of the National Agency for Digital Development, along with its functions, organization, and operations, are hereby revoked, along with any other provisions that contradict this decree."

4. See Article 4 of the Presidential Decree No. 19-317

5. The High Commission also has an electronic website that is still under construction at https://hcn.gov.dz/. However, they have provided an email address for communication: contact@hcn.dz.

6. See Article 5 of the revoked Presidential Decree.

7. See Article 06 of the revoked Presidential Decree.

8. Mrs. Meriem Ben Mouloud has been appointed as the High Commissioner by the President of the Republic pursuant to the presidential decree dated September 6, 2023, published in the Official Journal No. 59 on September 10, 2023. It should be noted that her duties as Minister of Digitalization have been terminated, which the High Commissioner considered a positive development in a televised statement, as it allows her to perform her work with greater ease as an entity reporting directly to the Presidency of the Republic. For further details, refer to the Algerian television channel Ennahar TV on YouTube: https://youtu.be/SoskmGLp854?si=6prMUUy5vB9eKV27

9. Article 11 of the aforementioned presidential decree.

10. Article 12 of Presidential Decree 23-314 states that the internal regulation of the High Commission is determined by a decision from the High Commissioner, after being approved by the Steering Council.

11. Presidential Decree No. 24-64, dated February 3, 2024, determining the internal regulation of the High Commission for Digitalization. Official Gazette No. 08, issued on February 4, 2024.

12. See Article 03 of Presidential Decree 24-64 dated 2024.

13. See Article 04 of Presidential Decree 24-64 dated 2024.

14. See Article 04 of Presidential Decree 24-64 dated 2024.

15. See Articles 25 and 26 of the same Presidential Decree.

16. See Provisions of Article 07 of the currently applicable presidential decree.

17. See Article 9 of the same Presidential Decree.

18. See Article 14 of the same Presidential Decree.

19. See Article 15 of the same Presidential Decree.

20. See Article 16 of the same Presidential Decree.

21. It is to be noted that the members of the Scientific and Technical Committee shall receive compensation as determined by the Advisory Council. Additionally, the expenses for travel and accommodation of individuals invited to participate in the meetings of the Scientific and Technical Committee, as well as its members, shall be reimbursed in accordance with the modalities established by the Advisory Council, pursuant to Article 20.

22. It is worth noting that the High Commission has prepared the Draft Digitalization Law, which is expected to be issued in 2025 according to a statement from the High Commission published on the Algerian Radio website. As stated by the head of the ministerial committee responsible for drafting the law, it will focus on nine main themes. For more details on these themes, please refer to the link: https://www.elkhabar.com/press/article/244931/9/

23. For more details, see: El Hassawi. E. M. E. (2023). Criminal Policy in the Face of Digital Technologies. National Center for Legal Publications. p. 15.

24. Hassan, S. (2011). Logic and artificial intelligence (p. 176). Dar Al-Maarifa al- Jami’ia.

25. See Article 7 of the same Presidential Decree.

26. Al-Razou, H. M. (2007). Computerized intelligence and its applications in the fields of commerce and business (p. 53). Research Center.

27. See Article 8 of the same Presidential Decree.

28. Al-Fatlawi, A. K., & Al-Mashhadi, A. A.-J. R. (2008). Civil liability for complex artificial intelligence technology. Duroob Al-Ma’rifa.

29. It should be noted that, according to Article 11, the High Commissioner shall, when necessary, define the organization of the departments pertaining to the directorates mentioned in Articles 6 and 7 into operational units tasked with project management, and organize the departments belonging to the directorates referenced in Articles 8, 9, and 10 into services.