In the event that the exercise of a digital right is not permitted, for example, accessing a service via SPID or making a payment via pagoPAanyone can demand its concrete implementation.
The tools for obtaining the effectiveness of digital citizenship rights are different.
Reporting to the Digital Ombudsman
The first is represented by the possibility of submitting an electronic report to the digital ombudsman active at the Agency for Digital Italy.
The Ombudsman intervenes on a report submitted by a user through a form on the AgID website. If he deems the report well founded, he forwards it to the General Manager of the AgID for the exercise of supervisory and sanctioning powers.
The violations ascertained by the AgID are relevant for the purpose of measuring and assessing the individual performance of the managers responsible and entail managerial and disciplinary responsibility.
It is a simple, fast and no-cost way that anyone can use for any violation of the rules on digitization and innovation of the public administration (not just those provided for in the Digital Administration Code).
TAR appeal
In the event that the administrations do not allow the use of technologies in communications and in relations with users, the latter can also appeal to the Regional Administrative Court competent for the territory (as provided for by art.3, paragraph 1-ter, Legislative Decree no. Lgs. N. 82/2005). Administrative class action
Finally, in the event of a violation of the obligations relating to online services, several users can take legal action by promoting the so-called “administrative class action”, sharing the costs and risks of the judgment also with the contribution of consumer and user associations.
Accessibility
In terms of accessibility, there is the Feedback Mechanism, that is a tool, such as an online form, which represents the first instance through which the citizen can directly notify the administration of any defects found in websites or apps. The Feedback Mechanism is accessed via a link in the Accessibility Statement published in the footer of the websites or in the description of the applications in the store. Privacy
Finally, in the event of a violation of the rules on the protection of personal data, the interested party can lodge a complaint with the Guarantor for the protection of personal data.
to know more
The standard
The instruments
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If you have any questions or want to report a case of denied digital rights, write to [email protected] or send a whatsapp message to 393472794359.