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“ e-LEGISLATION ”

“ e-LEGISLATION ”. Jos DUMORTIER March 19, 2012 Ministerstwo Administracji i Cyfryzacji Warsaw. 4 C hallenges. Data Protection Identity Management Non-Repudiation Law Enforcement. 1. Data Protection.

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“ e-LEGISLATION ”

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  1. “e-LEGISLATION” Jos DUMORTIER March 19, 2012 MinisterstwoAdministracji i CyfryzacjiWarsaw

  2. 4 Challenges • Data Protection • Identity Management • Non-Repudiation • Law Enforcement

  3. 1. Data Protection Personal data should never be used for purposes that are incompatible with the purpose for which the data have been collected Modern e-government includes unique collection and re-use of personal data

  4. Belgium • “re-use for other purposes is not incompatible if re-use is in accordance with the law” • legal rules delegate the authorization to re-use personal data to independent sectoral data protection authorities • example: re-using social security data for pre-filling out of citizens’ income tax declaration forms

  5. 2. Identity Management Use of generalised unique identifiers should be limited as much as possible Integrated e-government should preferably be based on federated identity management (government as one circle of trust)

  6. Belgium • National register is legally recognized as the authentic source for citizens’ identity information • Citizens are uniquely identified by a National Identification Number • National Identification Number is used throughout all government sectors • But every user (public or private entity) needs authorization delivered by independent data protection authority

  7. 3. Non-Repudiation Electronic signatures should (at least) be equivalent to hand-written signatures Non-repudiation in e-government processes can best be reached by a variety of adequate measures (audit trails, digital signatures, etc.)

  8. Belgium • Civil Code: allmethodsenablingtodetermineto whom the data can be attributed and enabling control on the integrity of the data • Legislation should avoid as much as possible concepts of “qualified” or “advanced” electronic signatures • Result is freedom to use the most adequate means to guarantee non-repudiation

  9. 4. Law Enforcement Intermediaries should not be held responsible for online illegal behaviour Law enforcement agents need full collaboration of intermediaries to combat online illegalbehaviour

  10. Belgium • Current procedures are complex • Attempt to reach consensus between law enforcement agencies and intermediaries about more adequate procedures • Which guarantees are needed to avoid danger of censorship by public authorities?

  11. Recommendations • Re-useexistingrules as far as possible • Don’t legislate unlessit is absolutelynecessary • Keep the rulessimpleand consistent

  12. Contact Jos Dumortier K.U.Leuven – ICRI Sint-Michielsstraat 6 B-3000 Leuven (t) +32 (0)16 32 51 49 www.icri.be / jos.dumortier@law.kuleuven.be Jos Dumortier time.lex - Information & Technology Law Congresstraat 35 B-1000 Brussel (t) +32 (0)2 229 19 47 www.timelex.eu / jos.dumortier@timelex.eu

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