Transparency in perspective of open government: approach and conceptual map

Abstract

The conceptualization of transparency in different perspectives could bring legal certainty to the design of opening of the State’s engine room. For this reason, in this descriptive work, emerging doctrinal dimensions are defined that could contribute to the legal regime of open government as well as processes to improve trust, efficiency, and effectiveness by means of technological applications and public sector. A multilevel conceptual map with a double dimension on transparency has been proposed; as a fundamental right and, at the same time, a legal principle of the open government regime in accordance with the digital transformation processes of the public sector and accordance with the fourth industrial revolution. By way of conclusion, its dualistic legal concretion is recommended because it enables to recognize the right to transparency as a democratic imperative to face opportunities and challenges of any political, economic, and legal aspects. In addition, it could be the framework for the unification of the regimen of automated administrative decision systems, the treatment of large data sets, and, in a futuristic perspective, other possible solutions provided by artificial intelligence based on accessibility to open data in the policy design process even though the problems of privacy of its implementation.