legislation

E.	Legislation and follow-up of the White Paper

The rapid development of information technology has obliged the countries within our sphere to adapt their legislation to meet the new situation, not only in terms of the infrastructures concerned but also content. Andorra’s case is no different. There has to be a revision of the legislative environment in the field of telecommunications and adaptation to the desired economic and infrastructure models of the future. In parallel, there must be revision of the laws that at present refer to the sectors affected by the new technologies.

1. Law of Control over Telecommunications

It is urgent for us to have a new set of regulations for the telecommunications sector – a new legal framework that can respond to the new situation in which we find ourselves. Modification of the environment has happened at least in the following areas: a single-service system has become a multi -service facility in an unlimited geographical context; a single system has developed into many systems, each with a multiplicity of uses; and most importantly, a monopoly sector has to adapt to a more liberal business and competitive environment.

The law to be made must not be simply a law regulating the telephone service, but rather a law that regulates the whole of the telecommunications market.

In doing this, the Andorran legislator has a series of options, but he cannot avoid consideration of the political environment within the EU. Although it is true that European directives do not have any legal force in Andorra, it must not be forgotten that they do have a very important influence. Furthermore, Andorra is legally obliged by the by the agreements of the World Trade Organization, which lead in the same direction.

Without this legislation, neither the internal activities developed in the absence of the necessary legal framework, nor those aimed at the foreign market, would have the required credibility for attracting high value information.

1. Develop the law relating to the telecommunications sector

The Government must propose, submit and have a law approved on the reorganization of the telecommunications sector.

The law must include, amongst other things, aspects such as:

Control of entities allowed to offer services
Definition of the services of general interest and the form in which they are to be offered
Regulation of the interconnection systems between operators
Establishment of the administrative system concerning the radio spectrum and other resources
Regulation of the interconnection systems between operators
Define the nature and function of the regulating organism for telecommunications.

2. Law on the functioning of public radio and television

There currently exists some legislation on the functioning of the Andorran Radio and Television Authority, which has become outdated due to the rapid development of the sector. It is urgent that we start a consultative process in order to adapt the content of the law to the present situation.

1. Develop the law on the functioning of public radio and television

The Government must urgently propose, submit and have a law approved on the functioning of public radio and television.

This law must cover, among other matters, the following aspects:

The nature of the public service
Organs of supervision and control
The management system
Financing methods

3. Legislation on content

From the moment that the different networks can offer and broadcast the same services, the regulation of content must be in general form and independent of the different distribution system used. In that manner, one can avoid inconsistencies which could make content legal on one particular system and illegal on another.

There therefore must be some general legislation covering content that the Government must prepare as a matter of urgency. The mechanisms of control and supervision must also be established.

1. Develop legislation on content

The Government must propose, submit and have approved within a reasonable time, legislation on the content of telematic systems.

This law must cover with respect to these considerations the following aspects:

Truth of the information
Security of the data and information
Juridical guarantees on content and transactions
Protection of minors with respect to content
Responsibility concerning anonymity

2.	Create an authority to watch over content

The legislation on these questions is relatively recent everywhere and furthermore it changes very rapidly. That is why most countries prefer to have laws that do not fall into the trap of an excessively detailed straitjacket and rely on an independent body to watch over the matter, receive complaints from the public, issue resolutions and thereby create the applicable body of law.

This body could be in the form of a council, a committee of wise men, or in the form of a person of recognized prestige.

In the case of Andorra, it is important not to create an organism that is unwieldy, in disproportion to the size of the country. One would have to find a person or persons that have the necessary prestige and at the same time the necessary independence with respect to the public authorities.

The system of nomination and, above all, of dismissal must ensure this independence and consensus.

4. The Law on Data Protection

In 1976, the Council-general approved a law regulating databases in the public sector, in order to guarantee that the use of stored information was limited solely to the uses for which it had been supplied. This law only applies to the public sector and given its age and the rapidly changing nature of new technology and, above all, the necessity to protect fundamental rights, today’s situation makes a change imperative.

1. Develop the law on Data Protection

This law must regulate a matter of overweening importance which is the protection, electronic treatment and supply of personal information; that is to say, the use of computerized information and databases in relation to basic human rights.

The object of this regulation will be to establish the criteria that will serve to protect dignity, honor, intimacy and the image of the citizen and the legitimate exercise of his rights as mandated and established in Article 14 of the Constitution.

This new regulation would acknowledge the various resolutions and recommendations from the very highest international institutions and organizations, especially those from the International Federation for Information Processing (IFIP) and from the General Assembly, the Commission on Human Rights and the Economic and Social Council of the UNO.

There are three basic principles which this law must address: Every person has the right to know what information about him is stored, that the information is exclusive to the holder and that professional secrecy is enforced.

5. The Law on "C" type companies

In order to support the many recommendations of this White Paper, it is vital for us to have a legislative framework which contemplates the installation in Andorra of companies that can export products, services and intellectual property.

1. Develop the law on "C" type companies

The object of the Law on "C" type companies is to create a legal framework within which physical or juridical persons, nationals or foreigners, can form companies in Andorra which can provide, from Andorra, services and products for consumption abroad. Certain aspects of these companies must be harmonized with a series of international criteria that are necessary for formal and pragmatic reasons.

There is currently an advanced proposal for a law on this matter. Its approval must be sought at the earliest opportunity.

6. Follow up of the White Paper on the part of the Administration

If one doesn’t know the port one is heading for, no wind is favorable. This reflection on the part of Seneca is just as valid today and especially given the rapidly changing environment. Strategy must be clearly defined, but the principles formulated must be constantly revised and there must be some constant effort to drive forward the programs proposed.

First and foremost this is the responsibility of the Government of Andorra, taking a leading role in projects concerning the information age. It must drive projects forward, acting as a catalyser with overall vision and co-ordination. The actions of the Government in this field have to be a mixture of strategic orientation (planning) and promotion f concrete proposals (action). The object is not promote technology for itself, but for its benefits: social (improvement of the quality of life of the citizen) and economic (competitivity and business opportunities).

1. Create an organization

To give support to the development of the information age in Andorra, an organism must be set up that will have overall responsibility in the field, and would be run by the Office of the Head of Government. The structure of this organism should be flexible and dynamic so that projects could benefit from the internal and external resources of the Administration.

The principle responsibilities of this organism must be:

The promotion of the information society
The revision and updating of the strategy outlined in the White Paper. The Government, with the support of the whole of society, has to define the strategic directives for the information age, making the necessary recommendations.
Provide the necessary impulse for the realization of the programs and actions formulated and ensure follow-up.
Co-ordinate the different initiatives with an overall vision within the environment of the projects defined.

2.	Maintain continuity of the Working Group for the White Paper

In order to revise the strategic content of the White Paper and to be able to follow-up on the actions proposed, the Working Group which has compiled it will organize some further working sessions (annually). The continuity of this group will assure the positive evolution of the project and its real impact on society.