When speaking in legal blogs virtual addresses or identities, one has the impression that only matters to the what is says, because the legal significance of the concept does not seem to be a lot. Id card lanyard
In fact, we did an interesting #retoblog on virtual identity, it uncovered different ideas and different points of view, and I would like to develop some reflections concerning the possible issuance of a notarized ID. Id card maker in chennai
The previous idea: anonymity or identification on the Internet?
The idea is closely linked with the concept that we handle virtual identity, as a set of data that identify us unequivocally in the digital field and the internet.
When we connect to the Internet, we can do it without any prior control or controls. Actually, the first option, in an absolute sense, is very residual, since only access the Internet with absolute anonymity who wants to, using TOR or similar. These users are advanced and minority.
The rest we access without identifying directly, but indirectly identifiable by our IP, although by a request to whom we pay the internet service, with just cause and judicial application, if I am not wrong. In these cases, what you get is the IP address of a device that connects, not the identity of the user who controls it. Id card printers in chennai
Therefore we are now in a new scenario: We request that there is a prior control of identity for access to the internet or to any of the services? To put it another way: Why do we ask for the ID card to all access to the internet?
I am not in favor of establishing a prior control and universal access to the Internet, or what is the same, I am not in favor of having to log in every time that, in general, access to the internet.
This premise is important because I believe that any system that set the required identification would not cause more than suspicion and rejection in the user: Why would I want to I voluntarily leave an absolute traceability of data, monitoring of habits, that links I've seen, I've purchased, with that card, Big Data, etc.? Since or for nothing, or free services, but that is more closely linked with specific websites or with specific apps. And if not, ask users of Ashley Madison. Id card printing in chennai
However, one thing is not to identify myself and another thing is that, to gain access to certain social networks, to the acquisition of certain products, to the procurement of certain services or to certain websites if I demand that I identified. Here would include any site or service that can generate a personal or financial relationship with a third party: webs of sale, Second hand, social networks, chats or forums, etc.
In this case, if the service or the action of the subject can be generated in the service provider or third a negative effect, if it could be assessed the demand that obligation. A typical example would be to require that a person be identified unequivocally and show your age to open a profile on a social network, or to purchase goods reserved to older age (alcohol, for example) or to carry out activities of chance as betting on line. Even more thinking about who sells, which can have obligation to verify that your product is purchased by who can buy it. Id card printer in chennai
And that is where the digital identification systems may come into play.
The idea is that the person a public authority issued a digital ID so that you can validly be identified in a transaction on line without a shadow of a doubt (in other words, that whoever uses the ID is who he claims to be) and that it can be ascertained that is authorized for the action it takes (that is, that there is assurance that the person can make, buy or order the specific good or service). RFID tag manufacturers
The Notaries daily identify thousands of people, so that it would be difficult to carry out such identification to the digital field: The client comes to the Notary and is identified properly before the Notary. To identify the applicant and verify your personal information (age, place of birth, legal restrictions to perform some activity, disability, etc.), in order to guarantee a high level of security, since, in addition, the company to whom you identify the user does not receive information about the specific figure (the age or date of birth) but only a yes/no to the requested parameter (age of majority). It seeks in this way to be consistent with the regulations of data protection. School tie belt manufacturer
Up to here the how. The next problem is the where and the third for that. I would like to say that this is a digital ID, but it is not the only one, and, in fact, each country may have a different economic or legal structure to do more or less viable a form of digital id homogeneous.
Would it be possible for a digital ID in Spain or in Europe?
Birth of the idea that set out in the summary: It does not seem far-fetched the idea of a form of digital ID, and even well-worked could be highly positive in many respects, but I see many obstacles in its implementation and possible implementation.
In fact, access, if necessary, to know that person has made a comment given reviling someone in a forum, or to know if someone is younger or older age when accessing a web of contacts, could lead to a breakthrough in the preventive security. But as almost always, there is a counterpoint controversial, which in this case is the privacy, the will of anonymity, the feeling of control and protection of data. Id card manufacturer in chennai
The problem of where is essential, because a digital identification system can be raised locally or in a universal way. This, in my opinion this treaty locally, so it is hardly exportable to other systems even within Europe, which have a different operation. Even the very idiosyncrasy of the public user is important. It is also true that we might extrapolate the operation, but the concept itself.
Imagine that in Spain we found some companies that provide web services potentially susceptible to take advantage of this idea. Then let us imagine that we say that it is good for them to control who sold and that can only sell to who use that ID. We think that they say that if and deploying the technology. Much imagine until now, but nothing that a good marketing campaign creating brand image responsible may not be able to achieve. Id card makers in chennai
Then let us imagine that we tell people that from now on to buy in these links should be identified previously. Let us accept it without problems, or that the portion of the population that does not accept it is small. But then we tell them that they have to go to the Notary to identify themselves, they or their parents or guardians, with what they have to take the morning in the Notary. And the notary will charge for that. I understand that not a lot, but something. Finally, we warn you that your personal data will form part of a large database that would be parallel to the Civil Registry.
With this premise, I see quite a few pitfalls important practical for voluntary application of this technology. Of course, it is another thing that is decided by a decree law to treason on a Saturday morning in the BOE and that companies are required to ask for, the users have, and Notaries to issue, that ID. But so anyone… and not to mention that perhaps the same product for which here is ask for the ID you could ask for in another EU Member State who did not ask for, in China, in the United States or in any other part of the world. Id card printing chennai
Advantages and disadvantages of the use of a digital ID
The first question is clear: what would be the digital ID an electronic signature? The answer, to the Galician: It depends. We already know that the electronic signature, especially after the EU Regulation 910/2014 eIDAS, can be a means of identification of the signer valid, how could you get to be the fingerprint or any form of biometric identification. Id card tag printing in chennai
Therefore, any ID you intend to unequivocally establish the identity of the signer must be endowed with something more than a simple electronic signature: For me should be annexd the ID to a qualified electronic signature. But that is not to say that the qualified signature ID, can be moments of authentication.
But then, if we already have ways to identify online… what gives us? As an addition to the mere identification, since the mere electronic signature excludes a priori, and without prejudice to which could be adapted, any other type of personal attribute that indicates the ability of the subject. And what is this idea is in the rest of personal attributes that can modalizar the performance of the subject.
The question of the capacity of the signer in the digital world
This issue of the capacity problems from a legal point of view in general, and a notary public in particular, because the appreciation of the ability of a person for an act or business you can never make a general and a priori. The only thing we can assume is that by the fact of the possession and use of the electronic signature or ID, a person may be subject of rights and obligations, and which therefore has legal capacity.
But that a person has legal capacity (to be the subject of rights and obligations) doesn't mean you have the capacity to act (a business with the knowledge of their legal consequences and effects). And still having it in general, there may be specific moments in the life that you have modified, restricted or even prohibited, in whole or in part, permanently or temporarily.
This leads us to distinguish between the private documents and public documents. In the first, which, in short, are those in which the notary is not involved, are the parties that they must ensure that he with whom they hire is who he claims to be, that has the capacity and the legitimation for the specific act. For this reason, in the private performance, these digital ID systems that give an added of ordinary diligence, can be accommodated.
There is no place where it is in the public document, which is the Notary is responsible, under its responsibility, to assess whether or not a person has capacity for the particular act. And this is because when a person is identified before a Notary and exhibits his identification document, the capacity of the notary is not to say only if it is or not of age. You have to appreciate that, being higher, it has a limited capacity, is not coerced or in error, you can know the effects of the provision of consent, that his will is actually embodied in the document, etc. Id card rope manufacturers in chennai
Where I want to be, is the fact that the trial of notarial capacity of a person cannot be recorded as data in a token, you have to appreciate at a given time, for a particular business and with a responsibility.
If it is true that you can burn data to help understand and assess the capacity of the person, such as your age or if there is a judicial capacity modalizacion subject to guardianship or conservatorship. But never the existence or non-existence of capacity to act in itself. For this reason, the verification system of a target attribute, as is the age of majority, can be used in all transactions in which this attribute is, per se, decisive, and always in the field of business.
What is the target audience of this idea?
Since then, the user of a digital ID we are clear that it is the owner, but it seems that their benefits are more focused on the company or management service provider, as it may seem at first sight that there are not many incentives for the user, say, standard (if we understand by this that the age of majority and who has full legal capacity), among other things because you must spend time and money in obtaining an ID that is used to purchase products in webs or certain services, if you can have for the companies providing services.