By Clare Sullivan
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Additional resources for Digital Identity: An Emergent Legal Concept: The role and legal nature of digital identity in commercial transactions
75 Although the Bill closely follows the approach of the Identity Cards Act, the Bill is clearer and contains more detail about the information to be recorded in the in the Access Card Register (‘ACR’) and on the Access Card and scheme operation. As a result, not only is the new concept of identity clearly evident in the Bill, the intended nature and functions of transaction identity and database identity can be more easily discerned. 78 The relationship between the clause 17 information and the other information in the databases under the ACS can be depicted diagrammatically: Figure 4: Access Card Register Other Clause 30 Information Clause 17 Information The clause 17 information was to be obtained from the individual in a registration 72 Ibid 3.
That information, as recorded and updated in the NIR, profiles the individual for the purposes of the scheme. Under the NIS, information from other sources, including those which comprise Solove’s digital person, become less authoritative and less relevant. 59 The structure of the concept of identity under the NIS is also fundamentally different from Solove’s ‘digital person’. Database identity under the NIS is connected to an individual by transaction identity, and primarily by the ‘identifying information,’ that is, the signature, photograph and the biometrics as recorded in the NIR.
Georghean reports that when he obtained his ID card as part of the pilot scheme being conducted by the IPS, he ‘had to give a copy of my signature which they store electronically’. An individual’s signature is included in the list of ‘identifying information’ in sch 1, implying that a handwritten signature is considered a distinguishing physical feature, although it is not mentioned at all in the definition of ‘registrable facts’, nor in relation to ‘identity’ in s 1 Identity Cards Act. 29 Only fingerprints and a photograph are used initially.