Activities of Brando BENIFEI related to 2021/0136(COD)
Plenary speeches (1)
European Digital Identity framework (debate)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity
Amendments (23)
Amendment 66 #
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary to set out the harmonised conditions for the establishment of a framework for European Digital Identity Wallets to be issued by Member States, which should empower all Union citizens and other residents as defined by national law to share and receive securely data related to their identity in a user friendly and convenient way under the sole control of the user. Technologies used to achieve those objectives should be developed aiming towards the highest level of security, user convenience and wide usability. Member States should ensure equal access to digital identification to all their nationals and residethat such framework does not lead to the widening of the digital divide and therefore they should ensure equal and free of charge access to digital identification to all their nationals and individuals present in their territory, in particular persons with disabilities and with functional limitations, such as elderly persons, persons with limited access to digital infrastructure and digital skills, socioeconomically disadvantaged groups and individuals, refugees, asylum seekers and migrants.
Amendment 71 #
Proposal for a regulation
Recital 9
Recital 9
(9) All European Digital Identity Wallets should allow users to electronically identify and authenticate online and offline across borders for accessing a wide range of public and private services. Without prejudice to Member States’ prerogatives as regards the identification of their nationals and residents, Wallets can also serve the institutional needs of public administrations, international organisations and the Union’s institutions, bodies, offices and agencies. Offline use would be important in many sectors, including in the health sector where services are often provided through face-to-face interaction and ePrescriptions should be able to rely on QR-codes or similar technologies to verify authenticity. Relying on the level of assurance “high”, the European Digital Identity Wallets should benefit from the potential offered by tamper-proof solutions such as secure elements, to comply with the security requirements under this Regulation. The European Digital Identity Wallets should also allow users to create and use qualified electronic signatures and seals which are accepted across the EU. To achieve simplification and cost reduction benefits to persons and businesses across the EU, including by enabling powers of representation and e-mandates, Member States should issue European Digital Identity Wallets relying on common standards. In order to ensure seamless interoperability and a high level of securitybetween the European Digital Identity Wallets, these should ideally rely on in-house technologies developed by the public sector itself, on open-source technologies when developed through public procurement or on technologies developed through public- private partnerships with non-profit organizations. Only Member States’ competent authorities can provide a high degree of confidence in establishing the identity of a person and therefore provide assurance that the person claiming or asserting a particular identity is in fact the person he or she claims to be. It is therefore necessary that the European Digital Identity Wallets rely on the legal identity of citizens, other residents or legal entities. Trust in the European Digital Identity Wallets would be enhanced by the fact that issuing parties are required to implement appropriate technical and organisational measures to ensure a level of security commensurate to the risks raised for the rights and freedoms of the natural persons, in line with Regulation (EU) 2016/679.
Amendment 80 #
Proposal for a regulation
Recital 11
Recital 11
(11) European Digital Identity Wallets should ensure the highest level of security for the personal data used for authentication irrespective of whether such data is stored locally or on cloud- based solutionsand stored locally, taking into account the different levels of risk. Using biometrics to authenticate is one of the identifications methods providing a high level of confidence, in particular when used in combination with other elements of authentication. Since biometrics represents a unique characteristic of a person, the use of biometrics requires organisational and security measures, commensurate to the risk that such processing may entail to the rights and freedoms of natural persons and in accordance with Regulation 2016/679.
Amendment 87 #
Proposal for a regulation
Recital 17
Recital 17
(17) Service providers use the identity data provided by the set of person identification data available from electronic identification schemes pursuant to Regulation (EU) No 910/2014 in order to match users from another Member State with the legal identity of that user. However, despite the use of the eIDAS data set, in many cases ensuring an accurate match requires additional information about the user and specific unique identification procedures at national level. To further support the usability of electronic identification means, this Regulation should require Member States to take specific measures to ensure a correct identity match in the process of electronic identification. For the same purpose, this Regulation should also extend the mandatory minimum data set and require the use of a unique and persistentcross-border electronic identifiercation, in conformity with Union law in those specific cases where it is necessary to legally identify the user upon his/her request in a unique and persistent way.
Amendment 88 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) As signatories to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), the European Union and all Member States should protect persons with disabilities from discrimination and promote their equality, ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems and ensure respect for privacy of persons with disabilities.
Amendment 91 #
Proposal for a regulation
Recital 18
Recital 18
(18) ITherefore, in line with Directive (EU) 2019/88222 , persons with disabilities and with functional limitations should be able to use the European digital identity wallets, trust services and end-user products used in the provision of those services on an equal basis with other users. _________________ 22 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
Amendment 100 #
Proposal for a regulation
Recital 29
Recital 29
(29) The European Digital Identity Wallet should technically enable the selective disclosure of attributes to relying parties. This feature should become a basic design feature thereby reinforcing convenience and personal data protection including minimisation of processing of personal data. Mechanisms for the validation of the European Digital Identity Wallet, selective disclosures and authentication of users to access online services should respect the right to pseudonimity.
Amendment 138 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation n° 910/2014
Article 5 – title
Article 5 – title
Pseudonyms in electronic transactions
Amendment 139 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 910/2014
Article 5
Article 5
Without prejudice to the legal effect given to pseudonyms under national law, the use of pseudonyms in electronic transactions shall not be prohibi, where possible, shall always be allowed and implemented.;
Amendment 153 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 4 – point e
Article 6a – paragraph 4 – point e
(e) ensure that the person identification data referred to in Articles 12(4), point (d) uniquely and persistently representing the natural or legal person is associated with itonly shared pseudonymously so it is different for different relying parties in order to prevent the association or tracking of the user across relying parties.
Amendment 155 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6a – paragraph 6
Article 6a – paragraph 6
6. The European Digital Identity Wallets shall be issued under a notified electronic identification scheme of level of assurance ‘high’. The use of the European Digital Identity Wallets shall be free of charge to natural persons. Enjoyment of rights and access to services, particularly government services, justice, the labour market and freedom to conduct business shall not be restricted or hindered for natural persons not using the European Digital Identity Wallet.
Amendment 165 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) No 910/2014
Article 6b – paragraph 1
Article 6b – paragraph 1
1. Where relying parties intend to rely upon European Digital Identity Wallets issued in accordance with this Regulation, they shall communicate it torequest approval from the Member State where the relying party is established to ensure compliance with requirements set out in Union law or national law for the provision of specific services. When communicating their intention to rely on European Digital Identity wallets, they shall also inform about the intended use of the European Digital Identity Wallet.
Amendment 168 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 Regulation (EU) No 910/2014
Article 1 – paragraph 1 – point 7 Regulation (EU) No 910/2014
2. Member States shall implement a common mechanism for the authentication of relying parties. Member States may suspend or revoke the authorisation of relying parties in the case of illegal or fraudulent use of the European Digital Identity Wallet in their country.
Amendment 178 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) No 910/2014
Article 11a – title
Article 11a – title
Amendment 179 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) No 910/2014
Article 11a – paragraph 1
Article 11a – paragraph 1
1. When notified electronic identification means and the European Digital Identity Wallets are used for authentication, Member States shall ensure uniqueser identification.
Amendment 180 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (Eu) No 910/2014
Article 11a – paragraph 2
Article 11a – paragraph 2
2. Member States shall, for the purposes of this Regulation, include in the minimum set of person identification data referred to in Article 12.4.(d), a unique and persistent identifier provide a minimum set of person identification data, only per service, in conformity with national and Union law, to identify the user upon their request in those cases where identification of the user is required by law.
Amendment 183 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point b
Article 1 – paragraph 1 – point 13 – point b
Regulation No 910/2014
Article 12 – paragraph 4 – point d
Article 12 – paragraph 4 – point d
(d) a reference to a minimum set of person identification data necessary to uniquely and persistently represent a natural or legal person;’;
Amendment 185 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point c
Article 1 – paragraph 1 – point 13 – point c
Regulation (EU) No 910/2014
Article 12 – paragraph 6 – point a
Article 12 – paragraph 6 – point a
(a) the exchange of information, experience and good practice as regards electronic identification schemes and in particular technical requirements related to interoperability, unique identification and assurance levels;;
Amendment 193 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 910/2014
Article 15 – title
Article 15 – title
Accessibility for persons with disabilities and with functional limitations
Amendment 194 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) No 910/2014
Article 15 – paragraph 1
Article 15 – paragraph 1
The provision of Trust services and end- user products used in the provision of those services shall be made always accessible for persons with disabilities and with functional limitations, such as elderly persons, in accordance with the accessibility requirements of Annex I of Directive 2019/882 on the accessibility requirements for products and services.;
Amendment 210 #
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Regulation (UE) No 910/2014
Article 45
Article 45
Amendment 216 #
Proposal for a regulation
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Regulation (UE) No 910/2014
Article 45a – paragraph 1
Article 45a – paragraph 1
1. An electronic attestation of attributes shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form. or that it does not meet the requirements for qualified electronic attestations of attributes.
Amendment 218 #
Proposal for a regulation
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Regulation (UE) No 910/2014
Article 45a – paragraph 3 a (new)
Article 45a – paragraph 3 a (new)
3 a. Notwithstanding paragraphs 1 and 2, lawfully issued attestations in paper shall in any case always be accepted by relying parties instead of electronic attestation of attributes.