Legal Considerations in Designing and Implementing Electronic Processes: A Guide for Federal Agencies

摘要

The rise of electronic commerce offers agencies exciting opportunities to convert-or redesign- paper-based processes to electronic ones. While some agencies have experience using electronic processes, others are just beginning to examine the opportunity of electronic processing, or are just beginning to consider electronic processing for more sensitive transactions. In moving to electronic processes, agencies face many important decisions. Among those decisions is one crucial question of interest to the Department of Justice: When an agency converts each type of transaction to an electronic-based process, how should the agency design that process so as to protect its legal rights and minimize legal risks that may compromise the agencys mission. In accordance with the OMB Guidance on GPEA, agency considerations of cost, risk, and benefit, as well as any measures taken to minimize risks, should be commensurate with the level of sensitivity of the transaction. Low-risk information processes may need only minimal safeguards, while high-risk processes may need more. In the context of legal and litigation risks, low-risk information processes are those that have a small chance of generating significant liability, financial impact, or litigation that would have a significant effect on the agency.