The role of data in the regulation on the digital efficiency of the administration of justice

Although this new regulatory framework largely consolidates and updates the previous regulation, it is an important step forward in facilitating the digital transformation as it establishes some essential premises without which it would be impossible to achieve this objective. Specifically, as stated in the Explanatory Memorandum:

From the understanding of the capital importance of data in a contemporary digital society, a clear and decisive commitment is made to its rational use in order to achieve evidence and certainty at the service of the planning and elaboration of strategies that contribute to a better and more effective public policy of Justice. [...] These data will not only benefit the Administration itself, but all citizens through the incorporation of the concept of "open data" in the Administration of Justice. This same data orientation will facilitate so-called automated, assisted and proactive actions. 

In this sense, a general principle of data orientation is expressly recognised, thus overcoming the restrictions of a document- and file-based electronic management model as it has existed until now. This is intended not only to achieve objectives of improving procedural processing but also to facilitate its use for other purposes such as the development of dashboards, the generation of automated, assisted and proactive actions, the use of artificial intelligence systems and its publication in open data portals.

How has this principle been put into practice?

The main novelties of this regulatory framework from the perspective of the data orientation principle are the following: 

• As a general rule, IT and communication systems shall allow for the exchange of information in structured data format, facilitating their automation and integration into the judicial file. To this end, the implementation of a data interoperability platform is envisaged, which will have to be compatible with the Data Intermediation Platform of the General State Administration.
• Data interoperability between judicial and prosecutorial bodies and data portals are set up as e-services of the administration of justice. The specific technical conditions for the provision of such services are to be defined through the State Technical Committee for e-Judicial Administration (CTEAJE).
• In order, among other objectives, to facilitate the promotion of artificial intelligence, the implementation of automated, assisted and proactive activities, as well as the publication of information in open data portals, a requirement is established for all information and communication systems to ensure that the management of information incorporate metadata and is based on common and interoperable data models. With regard to communications in particular, data orientation is also reflected in the electronic channels used for communications.
• In contrast to the common administrative procedure, the legal definition of court file incorporates an explicit reference to data as one of the basic units of the common administrative procedure.
• A specific regulation is included for the so-called Justice Administration Data Portal, so that the current data access tool in this area is legally enshrined for the first time. Specifically, in addition to establishing certain minimum contents and assigning competences to various bodies, it envisages the creation of a specific section on open data, as well as a mandate to the competent administrations to make them automatically processable and interoperable with the state open data portal. In this respect, the general regulations already existing for the rest of the public sector are declared applicable, without prejudice to the singularities that may be specifically contemplated in the procedural regulations.