The proposals
The government plans to create a “digital identity and attributes governance framework” for the future use of digital ID.
The framework is part of a project to create a digital ID process that can be used as an alternative to physical ID such as passports or bank statements.
When parliamentary time allows, the government plans to introduce legislation to:
- create a digital “trust framework” to oversee a robust accreditation and certification process by which organisations can prove their adherence to the rules of the trust framework
- enable a legal gateway between public and private sector organisations for data checking
- establish the validity of digital ID
The government has highlighted that these measures would be relevant to the conveyancing process, where consumers are often required to prove their identity multiple times.
The framework maps out the draft standards and requirements that organisations must follow when using digital ID, including:
- having a data management policy that explains how they create, obtain, disclose, protect and delete data
- following industry standards and best practice for information security and encryption
- telling the users if any changes have been made to their digital identity
- having a detailed account recovery process where appropriate and notifying users if someone is suspected of fraudulently accessing their account or digital identity
- following guidance on how to choose secure authenticators
Our view
We’re supportive of the proposals to create a digital ID for consumers. We believe this would:
- ease the burden on consumers
- help to reduce the risk of fraud and cyber crime
- reduce delays in the conveyancing process
What this means for solicitors
Organisations certified against the trust framework would be given a trust mark to demonstrate their compliance.
A list of details of trust-marked organisations would be published by the new Office for Digital Identities and Attributes.
Trust-marked organisations would be able to complete checks against government-held personal data (with consent).
New legislation would establish that the data held by public bodies, that is shared through the legal gateway, is equivalent to the same data shared through traditionally accepted forms of ID.
What’s changing
March 2022 – the government published its response to the digital identity and attributes consultation
July 2021 – the government published the digital identity and attributes consultation
March 2021 – we encouraged members to comment on the framework using the feedback survey
February 2021 – the government published a policy paper on the UK digital identity and attributes trust framework