GLOSSARY - SEMPER feedback - minor issues

[BartvanBekkum]

• Data confidentiality:
  • Replace “Keep private data private …” by “Keep data private …”
• Mandatee:
  • We do not regard "representative" as an synonym of mandatee. The mandatee becomes a representative the moment it executes its powers to represent. As long as the mandate doesn't, he's no representative. Same goes for passing the mandate on to a sub-mandatee. The (first) mandatee is still a mandatee, but will not be a representative.
  • In general: we see “mandator” and “mandate” as terms that deal with the process of provision / creating / registration of the mandate. “Represented” and “representative” deal with the execution of the powers to represent (in order to access a service).
  • Typo: “Synonims” => “Synonyms”
• Mandator:
  • See comment on mandatee, including typo.
• Person:
  • Just use “A natural person or a legal person.” (remove the “or a natural person representing a legal person.” - we would not see the representation construct a person itself)
• Natural person:
  • Just use “A human being.”. Every human being is a natural person.
• General eMandate:
  • we suggest to use: “full mandate” or “unrestricted mandate” as subtypes of mandate.
  • Typo: "represen" => "represent"
• Individual eMandate:
  • we suggest to use “limited mandate” or “restricted mandate” (full versus limited or unrestricted versus restricted).
• Individual mandate vs. special mandate:
  • What is the difference, why using both terms? The descriptions “… one or more individual acts” and “.. a certain type of acts” are slightly different, but as “more individual acts” and “certain type” overlap, we would rather suggest to combine to just one definition. Two too overlapping definitions might confuse.
• eMandate transfer:
  • We suggest a term “transferable” as an attribute of a mandate indicating whether it can be delegated (some mandates are, others aren’t; in some cases the mandatory may explicitly disallow to delegate, in others law prohibits ….)
  • Please stress that it’s the mandator that decides on the transferability of its mandates by the mandatee.
• Representation:
  • Note that this definition is inconsistent. The definition of “persons” include organisations, bodies and institutions. Furthermore, we do not understand 'groups' as a concept. Please define or remove.
• Representation information:
  • “representation” and “mandate” seem to be mixed up in this definition. We prefer to distinct between both. Representation is the execution of powers a person has to access a service. A person receives powers by provision/creation of mandates (and law, profession, etc.).
• Representation powers and mandates:
  • This definition melts powers and mandates into ‘a power to act’.
  • Please clarify the difference is between the mandate and the (representation) powers. The mandate will be the contract. The powers the right/authority to act. Powers can stem from multiple sources of power, like law, profession, court rulings and mandates.
• Role:
  • We suggest “profession” or “registered profession”
• Sub-mandatee:
  • "transfer" implies losing the power by passing it on. We expect that most of the time (or always?) the mandatee will retain its powers to represent. For example, a manager of a company delegating powers to an employee does not lose his powers to act.
• Unilateral mandate:
  • In NL we support the 'creation' of the mandate by the mandatee. Then the mandator (not the creator) needs to approve. This definition mistakenly excludes this process.
• Witness:
  • Why would a witness have a power to revoke a mandate? Granted by default!? Without any prior legal actions like taking the case to the court? If a witness has a power to revoke a mandate does he/she also have the power to reinstate the mandate?!
  • This definition states (implies) that no mandate is valid without a witness. That’s not correct.
• Information requirement:
  • This definition is not clear to us at all. Usage of “interoperability” is confusing.

[paulakeen]

@BartvanBekkum , please, is there a SEMPER GitHub or similar collaborative tool to which we can subscribe, contribute and get feed-back from?

Thanks!

[anarosa-es]

According to Merriam-Webster dictionary:

• Mandtee = one to whom a mandate is assigned
• Mandator = one that gives a mandate
• Mandate = an authorization to act given to a representative
• Representative = one that represents another or others
• Represent (v) = to act in the place of or for usually by legal right

So, I see mandatee as a synonym of representative if the legal right is the existence of a mandate. If the legal right is other than a mandate, then the representative cannot be called "mandatee".

Conclusion: A mandatee is always a representative, but a representative might not be a mandatee

[anarosa-es]

I can think of several types of representatives according to how the representation is granted, and only some of them are related to mandates:

1. by administrative registries (i.e. representation in public services),
2. by powers of attorney in deeds (i.e. deeds for business regarding positions and representations),
3. by citizens' rights (i.e. children are represented by their parents because of the legal family relationship)
4. by proffesional association (i.e., agreements between Public Administrations and professional associations for certain public services)

1 & 2 can be named as "mandates" because the authorization is given to the representative by the represented one at some point of time and to a certain extent. However some of these mandates are composed by structure data and others are not (notarial deeds are documents written in plain text without a given structure).

4 are proven by the existence of the agreement and the registration of a professional (the representative here) in the corresponding association.

3 are proven by the regulation that states such rigths and the corresponding register.

[paulakeen]

This contribution is really very interesting. I think it is related to something that we're right now modelling and that we refer to as the "PowerSource" (source of the power). We are proposing to have a new class nameto use it with a twofold objective: (1) to link the power of a mandator that is a mandatee (delegation) to the mandate where it was originally empowered, and (2) to indicate whether the power comes directly from an existing legislation.

If the class PowerSource carried a sourceType code then we could cover also the other options you indicate in your points 3 and 4. Points 1 and 2 would already be covered by our latest proposal.

Allow us to finish implementing the change today in the Conceptual Data Model and we'll post it tomorrow morning.