Electronic Identity for Europe': Moving from Problems to Solutions

• Author: Norberto Norberto Nuno Gomes de Andrade
• Pages: 104-109

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Norberto Nuno Gomes de Andrade

1. The Relevance of eID and the current "legal framework" state of the art

Electronic Identity (eID) is the backbone of modern co mmunications and transactions in the digital world,

as well as a key driver for the growth o f the EU economy and the completion of the Digital Single

Market. The latter, in effect, can only be accomplished when citizens from one Member State (MS) can

easily and unobtrusively access services and use applications, including signing electronically, from any

other Member State. In this way, the completion of a European digital single market is, to a very large

extent, dependent upon an interoperable and functional eID mutual reco gnition system across Europe.

Despite the implementation of different identity ma nagement syste ms (IMS), the numerous political

declarations and initiatives in this area, the d evelopment of various research projects and eID

technologies, the discussion on the necessary legal means through which to create an interoperable pan-

European eID has not yet take n place. In addition, the processing and management of elec tronic identities

is regulated – at the EU level - through principles, rules and concepts "borrowed" from different EU legal

instruments (Data protection, eSignat ures and Services Directives b eing the most relevant ones). As such,

one of the main challenges

1

posed to European electronic Identity is of a legal nature. In t his regard, it is

important to note that the technology necessary to enable an interoperable eID across Europe already

exists a nd is being implemented,

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while legal interoperability is largely missing. It is the lack of legal

harmonization and compliance in combination with the technical interoperable solution chosen that

constitutes the most salient inhibiting factor preventing the cross border deployment of se rvices based on

electronic identity. A structured debate is thus necessary to promote consen sus on viable legal solutions.

In this context, the I nstitute for Prospective Technological Studies (IPTS),

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within the framework of

the 2011 LSPI Conference organized a workshop – entitled "Electronic Identity for Europe" – devoted to

the legal fra mework that is necessary to set in place in order to accompany and enforce the already

existing technological answers.

2. The Work and the Strategy developed by the EC in the field of eID

The EU, since the mid-nineties, has been developing a significant number of initiatives (roadmaps,

agendas, action plans, re search projects, etc) in the field of eID. The overall objective guiding such

initiatives has been the construction of a European cross-border eID M framewo rk, based on

interoperability4 and mutual recognition of national eID resources and management systems. In 2 006, the

EC established the so-called eID Roadmap

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a list of measurable objectives and milestones for the

1

See, for example,

http://ec.europa.eu/information_society/policy/esignature/docs/pub_cons/consultation_summary.pdf

2

eID Interoperability for PEGS: Update of Country Profiles Framework contract ENTR/05/58-SECURITY, SC N°13

Analysis & assessment report, October 2009

3

http://ipts.jrc.ec.europa.eu/

4

See the European Interoperability Strategy (EIS) and the European Interoperability Framework (EIF) for European

Public Services, published as annex 1 and 2, respectively, to the Communication “Towards interoperability for

European public services” (COM(2010) 744). 

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A Roadmap for a pan-European eIDM Framework by 2010, see

http://ec.europa.eu/information_society/activities/egovernment/docs/pdf/eidm_roadmap_paper.pdf