Digital identity: draft law coming in 2018
Offers and services on the Internet require users to be able to identify themselves securely. The Federal Council therefore wants to issue clear rules for a digital proof of identity that is state-recognized, verifiable and unambiguous. The FDJP must prepare a draft law by summer 2018.
More and more people are conducting very different types of business on the Internet, for which they need to identify themselves correctly. These range from buying tickets for public transport to placing orders with mail-order companies and using government services. The population depends on being able to use these services easily and securely. The Federal Council wants to meet this growing need. To this end, it wants to draft a federal law on electronic identification services (E-ID law).
The law is intended to lay down clear rules for a state-recognized proof of identity (E-ID). This should enable users in Switzerland to identify themselves with full control over their own data on the Internet when using certain services. The consultation process has shown that this issue is undisputed in principle.
The role of the state
The digital identity should be correct and protect against confusion. No one should be able to have a false digital identity issued. For this reason, the Federal Council does not want the state to relinquish the core task of issuing a digital identity - namely, the official verification and confirmation of the existence of a person and their identity characteristics such as name, gender or date of birth. An identity office to be set up specifically for this purpose in the FDJP, which already operates the authoritative official registers, will ensure this.
However, the federal government does not want to develop or issue the specific technological carriers of this state-verified and confirmed digital identity - conceivable options include cell phones, bank cards or public transport season tickets. This is to be done by non-state providers who are closer to the users and to the relevant technology for the digital services to be used. However, the state will not relinquish control here either: It will subject providers and their solutions to a strict recognition process and regular checks. For this purpose, a recognition body will be set up within the Federal Department of Finance (FDF).
The Federal Council thus adheres to the division of tasks between the state and non-state providers proposed in the consultation draft. On the one hand, this division of tasks creates the best conditions for practical and consumer-friendly application by the administration, citizens and the economy. On the other hand, it provides the necessary flexibility for technological changes.
Clear rules also for data protection
Throughout the process of handling and using the digital identity, the applicable data protection regulations must be observed. Personal identification data may only be disclosed to third parties (e.g. online services) with the express consent of the customer.
The sovereignty over the use and release of the data is exclusively in the hands of the person concerned. On the other hand, each provider of an online service decides for himself whether or not he requires the use of the state-recognized digital identity for the use of his service.
Message until summer 2018
The Federal Council took note of the results of the consultation at its meeting on November 15, 2017. The Federal Department of Justice and Police (FDJP) will now prepare a dispatch for a federal law on electronic identification services (E-ID law) by summer 2018, taking into account the feedback from the consultation. Source: Federal Council
See also article "E-Identity: Proposal from Zurich".
