Costa Rica - National Digital Strategy (43011-MICITT)

Executive Decree No. 43011-MICITT: National Digital Transformation Strategy 2022-2025

Decreto Ejecutivo No. 43011-MICITT: Estrategia Nacional de Transformación Digital 2022-2025

Costa Rica

RAI-CR-NA-43011MI-2021

43011-MICITT

Effective: June 7, 2021
In Force(In Force)
DecreeGovernance and OversightData Protection and Privacy
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Costa Rica's national framework for modernizing public administration and the digital economy through 2025.

Summary

Executive Decree No. 43011-MICITT establishes the National Digital Transformation Strategy 2022-2025 for Costa Rica, aiming to modernize the state through emerging technologies, improved public services, and enhanced cybersecurity.

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Overview

Executive Decree No. 43011-MICITT represents a pivotal moment in Costa Rica's administrative history, marking the formal adoption of the National Digital Transformation Strategy 2022-2025. This decree is not merely a policy document but a binding legal framework that mandates a shift in how the state interacts with its citizens and the private sector. Historically, Costa Rica has been a leader in environmental sustainability; with this decree, it seeks to replicate that leadership in the digital realm. The strategy was born out of a necessity to modernize public services that were previously fragmented and reliant on physical paperwork. By establishing a clear roadmap, the decree aims to consolidate digital efforts under a single vision, ensuring that the benefits of the Fourth Industrial Revolution are distributed equitably across the population. It serves as a response to the challenges posed by the global pandemic, which highlighted the urgent need for resilient digital infrastructure and remote government services. The decree aligns with the National Development and Public Investment Plan, positioning digital transformation as a cross-cutting pillar for economic recovery and social progress.

Definitions and Conceptual Framework

To ensure legal certainty and technical consistency, the decree provides an exhaustive list of definitions that serve as the lexicon for all digital initiatives. 'Digital Transformation' is defined as a holistic process that transcends the mere adoption of technology, involving a fundamental rethink of organizational culture and service delivery models. This is distinguished from 'Digitization,' which is the simple conversion of analog data into digital formats. The decree also introduces the concept of 'Digital Sovereignty,' emphasizing the state's role in protecting its digital assets and ensuring that technology serves the public interest. 'Interoperability' is defined not just as a technical capability but as a legal and organizational requirement for different state entities to share data seamlessly. This is the foundation for the 'Once Only' principle, which dictates that citizens should not be burdened with providing the same information to multiple government agencies. Furthermore, 'Digital Inclusion' is defined as the set of actions aimed at ensuring that all individuals and communities, including the most disadvantaged, have access to and can effectively use information and communication technologies. These definitions provide the necessary clarity for public officials to implement the strategy without ambiguity.

Governance and the Role of MICITT

The Ministry of Science, Innovation, Technology and Telecommunications (MICITT) is established as the supreme authority or 'Rectoría' for the digital transformation process. This centralized governance model is designed to overcome the 'silo' effect that often plagues public administration. MICITT is empowered to issue mandatory technical standards, guidelines, and protocols that all public institutions must follow. This includes standards for cybersecurity, data exchange, and the design of digital interfaces. The decree also creates the Inter-institutional Committee for Digital Transformation, a high-level body chaired by MICITT and composed of key ministries such as the Ministry of Finance and the Ministry of National Planning. This committee is responsible for resolving strategic conflicts and ensuring that digital investments are aligned with national priorities. The governance framework also includes a 'Digital Transformation Office' within each ministry, which acts as the direct link between the central authority and the institutional execution. This structure ensures that while the vision is centralized, the execution is distributed and tailored to the specific needs of each sector, from health to education and finance.

Strategic Axes and Infrastructure

The strategy is built upon several strategic axes, with 'Digital Infrastructure' being the most fundamental. The decree mandates the expansion of the National Fiber Optic Network to ensure that high-speed connectivity reaches every district in the country. This is seen as a prerequisite for the deployment of 5G technology, which the decree identifies as a catalyst for the Internet of Things (IoT) and advanced industrial applications. Another critical axis is 'Digital Government,' which focuses on the creation of a unified digital portal for all citizen services. This portal is intended to be the single point of contact for procedures such as business registration, tax payments, and social security applications. The decree also emphasizes 'Digital Talent,' directing the Ministry of Public Education and the National Learning Institute (INA) to update their curricula to include coding, data analysis, and cybersecurity. By focusing on both the 'hard' infrastructure of cables and towers and the 'soft' infrastructure of human skills, the decree seeks to create a sustainable digital ecosystem. The strategy also includes a specific focus on 'Smart Cities,' encouraging local governments to use technology to improve urban mobility, waste management, and public safety.

Implementation and Institutional Planning

The implementation phase of the decree requires every public institution to submit an 'Institutional Digital Transformation Plan' (PITD). These plans must be multi-year and include a detailed roadmap of projects, budget requirements, and expected outcomes. MICITT is responsible for reviewing and approving these plans to ensure they are consistent with the national strategy. The decree introduces a 'Digital Maturity Model' against which institutions are assessed. This model evaluates various dimensions, including leadership, technical capacity, and the digitalization of internal processes. To support institutions with limited resources, the decree promotes the use of 'Shared Services,' where central agencies provide common platforms for payroll, procurement, and document management. This approach reduces costs and ensures that even small municipalities can offer high-quality digital services. The decree also encourages the adoption of 'Agile Methodologies' in the development of public software, moving away from traditional, slow-moving procurement cycles toward more iterative and user-centric approaches. This shift is intended to make the government more responsive to the changing needs of the digital age.

Cybersecurity and Data Protection

As the state becomes increasingly digital, the decree recognizes that cybersecurity is a matter of national security. It mandates the implementation of the National Cybersecurity Strategy and the establishment of a 24/7 National Computer Emergency Response Team (CSIRT). All public institutions are required to conduct regular security audits and report any incidents to the national authority. The decree also reinforces the importance of data protection, ensuring that the digitalization of services does not come at the expense of citizen privacy. It requires that all digital systems be designed with 'Privacy by Design' principles, in compliance with Law No. 8968. This includes the use of encryption, anonymization, and strict access controls. The decree also addresses the ethical use of data, particularly in the context of Artificial Intelligence. It calls for the development of ethical guidelines to prevent bias and ensure transparency in automated decision-making processes. By prioritizing trust and security, the decree aims to foster a digital environment where citizens feel safe sharing their information with the state.

Monitoring, Evaluation, and Accountability

To ensure that the strategy does not become a 'dead letter,' the decree establishes a rigorous monitoring and evaluation framework. MICITT is required to maintain a 'Digital Transformation Dashboard' that tracks the progress of all institutional plans in real-time. This dashboard is accessible to the public, promoting transparency and social auditing. Key Performance Indicators (KPIs) include the number of procedures fully digitalized, the percentage of the population with a digital signature, and the national score in international digital rankings. The decree also mandates an annual 'State of the Digital Transformation' report, which is presented to the Legislative Assembly. Failure to meet the targets set in the institutional plans can lead to administrative sanctions for the responsible officials. Furthermore, the Ministry of National Planning (MIDEPLAN) integrates these digital targets into the institutional performance evaluations, linking digital success to budget allocations. This creates a powerful incentive for public managers to prioritize digital initiatives and ensures that the strategy remains a top priority throughout the government's term.

Legal Integration and International Standards

The decree is carefully integrated into Costa Rica's existing legal system, complementing laws such as the Law on Digital Signatures and the Law on the Protection of the Citizen from Excesses of Administrative Procedures. It serves as the operational arm of these laws, providing the technical framework necessary for their implementation. Internationally, the decree is a direct response to Costa Rica's commitments as an OECD member. It adopts the OECD Recommendation on Digital Government Strategies, which emphasizes the shift from 'e-government' (using IT to improve existing processes) to 'digital government' (using technology to transform the relationship between the state and society). The decree also aligns with the European Union's General Data Protection Regulation (GDPR) standards, facilitating data adequacy and international cooperation. By adhering to these global benchmarks, Costa Rica aims to position itself as a 'Digital Hub' in Latin America, attracting investment from global technology companies and participating in international digital trade agreements. The decree also supports the UN Sustainable Development Goals by using technology to reduce inequality and improve the efficiency of public institutions.

Implementation Timeline

MilestoneDateDescription
Official Publication2021-06-07The decree is published in the Official Gazette 'La Gaceta', marking its entry into force.
Institutional Plan Deadline2022-01-30All public entities must submit their first Digital Transformation Plans to MICITT for review.
Interoperability Launch2022-12-15The national data exchange platform becomes operational, enabling the 'Once Only' principle.
Mid-term Review2023-07-01MICITT conducts a comprehensive assessment of the strategy's progress and updates targets.
5G Spectrum Allocation2024-06-01The government completes the auction of 5G spectrum to enable high-speed mobile connectivity.
Strategy Conclusion2025-12-31The final evaluation of the 2022-2025 strategy is completed and the next cycle is planned.

Compliance and Technical Requirements

RequirementDescriptionResponsible Party
PITD SubmissionAnnual submission of the Institutional Digital Transformation Plan.All Public Institutions
Security AuditsMandatory annual cybersecurity audits and vulnerability assessments.Institutional IT Departments
Data InteroperabilityAdoption of the X-Road or similar standards for cross-agency data sharing.MICITT and Public Entities
Digital SignatureIntegration of the national digital signature into all administrative procedures.Public Officials and Citizens
Transparency ReportingQuarterly reporting of digital project progress to the national dashboard.Project Managers
Privacy ImpactMandatory assessment of privacy risks for any new digital service.Data Protection Officers

Requirements for a company

What an organisation has to do under Costa Rica - National Digital Strategy (43011-MICITT), at a glance. Not legal advice — the table below gives the provision and deadline for each item.

Must do

10
  • Submit an Institutional Digital Transformation Plan annually.All public institutions.
  • Conduct mandatory annual cybersecurity audits and vulnerability assessments.Institutional IT Departments of public institutions.
  • Design all digital systems with Privacy by Design principles.Public institutions developing digital systems.
  • Perform mandatory privacy risk assessments for any new digital service.Data Protection Officers.
  • Adopt national data exchange standards for cross-agency data sharing.Public entities.
  • Follow mandatory technical standards, guidelines, and protocols issued by MICITT.All public institutions.
  • +4 more in the table below

Must not do

0

Nothing in this category.

Should do

0

Nothing in this category.

Should not do

0

Nothing in this category.

Who must do what

The obligations under Costa Rica - National Digital Strategy (43011-MICITT), most serious first. Not legal advice — verify against the official text before relying on it.

#WhoRequirementBy whenWhereSeverity
1All public institutions.Submit an Institutional Digital Transformation Plan annually.
every public institution to submit an 'Institutional Digital Transformation Plan' (PITD).
Annually; first by 2022-01-30Implementation and Institutional PlanningCritical
2Institutional IT Departments of public institutions.Conduct mandatory annual cybersecurity audits and vulnerability assessments.
All public institutions are required to conduct regular security audits and report any incidents to the national authority.
AnnuallyCybersecurity and Data ProtectionCritical
3Public institutions developing digital systems.Design all digital systems with Privacy by Design principles.
It requires that all digital systems be designed with 'Privacy by Design' principles, in compliance with Law No. 8968.
Before deploying new digital servicesCybersecurity and Data ProtectionCritical
4Data Protection Officers.Perform mandatory privacy risk assessments for any new digital service.
Mandatory assessment of privacy risks for any new digital service.
Before deploying any new digital serviceCompliance and Technical RequirementsCritical
5Public entities.Adopt national data exchange standards for cross-agency data sharing.
Adoption of the X-Road or similar standards for cross-agency data sharing.
By 2022-12-15Strategic Axes and InfrastructureCritical
6All public institutions.Follow mandatory technical standards, guidelines, and protocols issued by MICITT.
MICITT is empowered to issue mandatory technical standards, guidelines, and protocols that all public institutions must follow.
Upon issuance by MICITTGovernance and the Role of MICITTCritical
7Project Managers of public institutions.Report digital project progress quarterly to the national dashboard.
Quarterly reporting of digital project progress to the national dashboard.
QuarterlyMonitoring, Evaluation, and AccountabilityImportant
8Public officials and citizens.Integrate the national digital signature into all administrative procedures.
Integration of the national digital signature into all administrative procedures.
Compliance and Technical RequirementsImportant
9Each ministry.Establish a Digital Transformation Office within each ministry.
The governance framework also includes a 'Digital Transformation Office' within each ministry.
Governance and the Role of MICITTImportant
10Relevant government authority (e.g., MICITT).Develop ethical guidelines to prevent bias and ensure transparency in automated decision-making.
It calls for the development of ethical guidelines to prevent bias and ensure transparency in automated decision-making processes.
Cybersecurity and Data ProtectionImportant

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