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EESSI Open Seminar on ”Electronic Signature: The National Dimension”

EESSI Open Seminar on ”Electronic Signature: The National Dimension”. 11 & 12 May 2000 FINNISH DELEGATION Ms Eeva Lantto, Legal Counsel, Telecommunications Administration Centre Finland (TAC). Finnish legislation relating to electronic signature.

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EESSI Open Seminar on ”Electronic Signature: The National Dimension”

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  1. EESSI Open Seminar on ”Electronic Signature: The National Dimension” 11 & 12 May 2000 FINNISH DELEGATION Ms Eeva Lantto, Legal Counsel, Telecommunications Administration Centre Finland (TAC)

  2. Finnish legislation relating to electronic signature • Identity Cards Act (829/1999) & Amendment of article 23 of the Population Registration File Act (830/1999) • Entered into force 1 December 1999 • Issuing and cancelling of Electronic Identity Cards (EID) and certificates for the card + also other platforms by the Population Registration Centre (PRC) • Amendment of the Population Registration File Act (527/1999) • Entered into force 1 December 1999 • PRC´s role as a CA in electronic services in the administration • Storing of FINUID in the PR File and the certificate issued by PRC

  3. Finnish legislation relating to electronic signature… • “ Act on Electronic Communications in Court Procedures” (594/1993) • Entered into force 1 December 1993 • Electronic lodging civil/criminal court matters - no signature required if contact information provided • Act on Electronic Service in the Administration (1318/1999) • Entered into force 1 January 2000 • English version available at: http://www.om.fi/2838.htm • Law on Electronic Signatures • At drafting stage in the Ministry of Transport and Communications - to Parliament in autumn 2000? • Law follows directive´s wordings to a great extent

  4. Act on Electronic Service in the Administration • Requirements for certifiers + certificates used in the public sector (art 3.7 of the directive) • Reliability + public availability of the operating principles • Requirements for the certificate, directory and archiving of data • Physical verification of the identity of a person requesting a certificate • Acceptance of foreign certificates • Finnish EIC (certificate is issued by PRC under Identity Cards Act) accepted in public sector - List (not exhaustive) of other accepted certificates is kept by the Ministry of Finance • Signatory´s duty to notify the certifier of certificate (key) compromise

  5. Act on Electronic Service in the Administration… • Accessibility of authorities + data security • Electronic lodging of administrative matters with an authority and possibility to deliver requested documents and messages • Authority must have the required resources • Risk of the sender + authority´s duty to notify of the receipt • Time of delivery: when available for use in the reception device - if not available -> sendingtime • Diary entries shall be made + Technical editing allowed • Electronic signing and notification of administrative decisions • Consent of the receiving party • Notice of availability on a server + electronic identification at retrieval

  6. Law on Electronic Signatures • General provisions (directive 1999/93/EC) • Purpose (art 1) • Scope (art 1): • Definitions (art 2) • Secure signature creation device (annex III, art 3.4 + 3.5) • Criteria (annex III) • Standards established by the commission (art 3.5) • Prohibition to call a device “SSCD” if not assessed by a designated body • Designated body (TAC?) • Qualified certificate - QC (annex I) • Legal effect of electronic signature (art 5) • Data protection (art 8)

  7. Law on Electronic Signatures… • Requirements for CSP offering QC to the public • Notification to TAC (art 3.3) • Requirements for CSP (annex II) • Requirements for QC directory keeping (annex II, b + art 6.2) + revocation of a QC (annex II, c) • Liability of CSP (art 6) • Signatory´s duty to notify the CSP of certificate/key compromise?

  8. Law on Electronic Signatures… • Accreditation, Supervision and Coercive measures • No special regulations concerning accreditation • Conformity assessments made by accredited certification bodies and certificates given to products/services are taken into account by the supervisor (TAC) • General supervision and promotion by Ministry of Transport and Communications • Supervision by TAC • Compliance of the Act and the provisions/orders issued thereunder • Technical requirements/recommendations relating to products and services (input from standardisation) • Right to information by TAC and Ministry • Coercive measures still under consideration • Order to rectify error/omission (enforced by a conditional fine) • Order CSP to stop issuing QC and draw back issued QC

  9. Law on Electronic Signatures… • Other provisions • International aspects (art 7) • Appeal concerning TAC`s decision under the Act • Act on Administrative Judicial Procedure • Further provisions • Given by a Decree

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