Legal Aspects Belgian Electronic ID Card

fedict 2008.
All rights reserved

Legal aspects
Belgian electronic identity card
Samoera J acobs November 2008
fedict 2008. All rights reserved
2
> Content of the eID
> Digital certificates
> eID and privacy

3
Legal aspects
Content of the eID
4
Content of the eID
> From a visual point of view, the
information shown will be the same
as on the present identity card:
name
first 2 Christian names
first letter of third Christian name
nationality
place and date of birth
sex
place of issue
start and end dates of validity
card number
owners photograph
owners signature
National Register Number
Visual
identification
of the owner
5
Content of the eID
> From an electronic point of view, the data
on the chip is the same as the information
printed on the card, plus:
address
identity and signature keys
identity and signature certificate
Certificate Service Provider
security information (chip number, signature for
identity data, etc.)
> No other data is stored, no data container
Electronic
identification
of the owner
6
authentication
data capture
signature
Content of the eID
7
Content of the eID
PIN protected Use without PIN

ID

ADDRESS

authentication
digital signature

RRN SIGN

RRN SIGN
PKI IDENTITY

private
private
public
public
authentication
data capture
signature
8
Content of the eID
eID as a tool (mean) to read efficiently, without mistakes identification data.
takes time
unefficient
prone to error
fast
efficient
exact copy
9
Content of the eID
10
authentication
data capture
signature
Content of the eID
11
Content of the eID
eID as a tool for strong authentication (in the electronic world)
Hi Jan !
Hi Peter !
physical world online world

12
Content of the eID
!! The PIN usage for authentication is done ONCE until card is removed !!
13
authentication
data capture
signature
Content of the eID
14
!! The PIN usage for signature is requested each
time for a signature !!
15
Content of the eID
> Belgian ID card Act of 19 July 1991
(amended by Act of 25 March 2003 to
introduce electronic identity cards)
> Article 6 2 : other content can only be
added by law. No intention to have a data
container -> access key model
> eID valid for 5 years
> 24/7 helpdesk in case of loss, theft,
destruction

16
eID : the access key model

home banking, online
opening of accounts,

proof of membership
SSO,
Healthcare
e.g. SIS
drivers licence
student cards, e-
learning,

e-commerce
17
Legal aspects


Digital certificates
18
> eID contains two digital certificates:
one for electronic signature
one for authentication

19
> European Directive 1999/93/EC of the European
Parliament and of the Council of 13 December 1999 on
a Community Framework for Electronic Signatures.
> The two main objectives:
free internal market for electronic signatures and certification
services (all electronic signatures, all certification services, all
signature products)
legal effect of electronic signatures (under certain conditions, for
specific purposes, with many exceptions)

20
> Authorisation (mandatory) is forbidden, accreditation
(voluntary) is allowed, supervision is obliged.

> General principle: legal effect + admissibility as evidence
for all electronic signatures.
> Second principle: certain electronic signatures get the
same legal effect as hand-written signature.

21
> Liability for CSP
> Respect of Data Protection Directive
> National law determines in which fields electronic
documents and electronic signatures can be used
> Standardization work to clarify the requirements of the
annexes of the Directive
22
> Belgian E-Sign act of 20 October 2000 on the
introduction of telecommunication means and the use of
electronic signatures
> Evidence; non-discrimination principle
> New article 1322, 2 Civil law,
For the purpose of this article, a signature can also mean data in
electronic form which can be attributed to a certain person and
which demonstrate the integrity of the content of the document

23
> Belgian CSP act of 9 July 2001 to create a legal
framework for the usage of electronic signatures and
certification services
> Article 4 5:
The qualified electronic signature is the only type of signature
that will automatically be given the same legal value as a
handwritten signature. A qualified signature is an advanced
electronic signature based on a qualified certificate and
produced by a secure signature creation device.
24
> Digital certificates on Belgian eID cards
Issued by an accredited Cerification Authority
Allow signatures with same legal value as handwritten
signatures
> Signature function not activated for minors
> Authentication and signature data not activated if citizen
does not want to

25
Legal aspects


eID and privacy

26
eID and privacy
> Visual control of the eID
Only obliged to show the eID in restricted cases (legal
authorities such as police)
Article 1 Royal Decree 25 March 2003 on electronic
identity cards

27
eID and privacy
> Electronic control of the eID
Strictly regulated, only by Royal Decree
Article 6 4 ID card Act

28
eID and privacy
> Use of national identification number
Act of 8 August 1983 (amended by Act of 25 March)
Use of national identification number
only after authorisation of Sectoral Committee (Privacy
Commission) and
only for specific groups (Belgian public authorities, public and
private entities for fulfulling a task of general interest,
subcontractors of Belgian public authorities, Notary public
and baillif, Pharmacists, Lawyers)

29
eID and privacy
> Rights as a citizen
Access right to data on eID and data in National
Register of identification data (via eID, via
municipality)
Correction right (mistakes or incomplete information)
Information right
Everyone who accessed data in National Register of
identification data during last 6 months
30

> Questions

> Samoera Jacobs
> samoera.jacobs@fedict.be

Legal Aspects Belgian Electronic ID Card

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Legal Aspects Belgian Electronic ID Card

Uploaded by

Copyright:

Available Formats

fedict 2008.

All rights reserved

You might also like