Towards a European eID Regulatory Framework: Challenges in Constructing a Legal Framework for the Protection and Management of Electronic Identities

Electronic Identity (eID) is a key driver for the growth of the EU economy and the completion of the Single Digital Market. Despite the proliferation of identity management systems, the various political declarations and initiatives in this area, the plethora of research projects and the wide array of advanced eID technologies, the creation of an encompassing, interoperable, pan-European eID scheme has not yet been accomplished. One fundamental reason for such state-of-affairs is the inadequacy of the current EU legal framework. In this context, the paper identifies a number of legal gaps and barriers in the EU legal framework that are arguably hindering the creation of a full-fledged pan European eID. Through such examination, the article underlines that an appropriate regulation regarding eID on a European level is lacking. Current EU law does not yet present a specific and appropriate legal framework for the management of digital identities, regulating the latter through principles, rules and concepts "borrowed" from different EU legal instruments and national laws. After identifying the legal gaps and barriers that current EU law poses to eID, the article presents a number of legal proposals aimed at embedding electronic identity into the EU regulatory framework: the principle of user-centricity, the principle of anonymity and pseudonimity and the principle of multiple identities, along with the principles of identity portability, unlinkability and negotiation, among others. The idea is to reflect upon a series of legal principles that could lay the foundations for a European eID regulatory framework. The article, in this manner, underlines the importance of protecting the value and the interest of (electronic) "identity" in the EU legal framework.

MARTIN BECERRA GOMES DE ANDRADE Norberto Nuno; 

2013-08-13

Springer

JRC62822

http://www.springer.com/law/international/book/978-94-007-2902-5,    https://publications.jrc.ec.europa.eu/repository/handle/JRC62822,   

10.1007/978-94-007-2903-2_14,