Identity A legal perspective

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IdentityA legal perspective

• FIDIS WP2 workshop
• 2/3 december 2003
• mieke.loncke_at_law.kuleuven.ac.be

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• An aggregation of unique characteristics
• Use of an identity
• Real identity?
• Digital identity
• The digital information that creates the image
  of an individually identifiable person

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Identifiable person

• Who can be identified, directly or indirectly,
  in particular by reference to an identification
  number or to one or more factors specific to his
  physical, economic, physiological, mental,
  cultural or social identity.
• To determine whether a person is identifiable,
  account should be taken of all the means likely
  reasonably to be used either by the controller or
  by any other person to identify the said person.

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Multiple virtual identities

• Legal questions
• Identity management systems
• Infomediaries or information brokers
• Privacy tool kit
• Profiling tool kit

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Online anonymity

• Legal definition vs. technological concepts
• No legal answer to the taxonomy of technical
  properties and degrees of online anonymity
  (unlinkability, untraceability, unobservability,
  conditional/unconditional online anonymity)

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Use of anonymity

• Protection of privacy
• Free speech without fear of retaliation
• Protection of possibly threatened interests of
  the user when completing certain legal acts
• Protection of interests of a party in a
  contracual environment

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• EU Data Protection Working Party
• The ability to remain anonymous and
  consequently to have anonymous access to the
  internet is essential if individuals are to
  preserve the same protection for their privacy
  online as they currently enjoy offline.

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• Coucil of Europe
• In order to ensure protection against online
  surveillance and to enhance the free expression
  of information and ideas, MS should respect the
  will of users of the Internet not to disclose
  their identity.

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Examples of legitimated use of anonymity

• Anon. search of information
• Anon. e-mail correspondence
• Use of anon. self-help hotlines
• Use of anon. sources
• Whistle blowing through anon. hotlines
• Use of anon. informants, witnesses
• Use of anon. to conclude contracts
• Use of anon. payments for online purchases

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Restrictions

• Private law
• Accountability in contractual and non-contractual
  environment
• Public law
• Article 8 ECHR interference is justified when
  necessary in a democratic society and provided by
  law
• Controlled anonymity e.g. trustee-controlled
  conditional anonymity

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ICRI-projects

• RAPID
• Roadmap for advanced research in privacy and
  Identity Management
• APES
• Anonymity and privacy in electronic services
• PRIME
• Privacy and identity management in Europe