Moral rights in DigitalID

An essential protection for ID rights allowing the owners to live in security

Traditional thinking around the rights relevant and available in relation to Digital ID and other personal data has revolved around the issue of consent to use of data.  While some systems do not recognise the existence of such a right at all, it is generally assumed in many (and increasing numbers of) legal and regulatory systems that individuals do have and may assert some legal rights in relation to their identity and data.  

It is systematically further assumed that, while the immediate rights in relation to such information “belong” to the relevant individual, nevertheless this “ownership” may then be traded or otherwise mediated in exchange for consideration or consent.  Individuals may thus consent to part with ownership or control of their data.  

However the analysis carries within it certain implicit assumptions which may not be the most suitable if one is looking at methods allowing individuals to have the fullest control of the data regarding their identify.  Accordingly I propose what I hope is a new philosophical/legal analysis of the processes involved, which I believe could then be implemented, structured and protected through the use of block chain technology. 

I am of course aware that block chain technology has many applications, and indeed that its use in relation to digital identity may seem obvious.  However I believe that putting it together with the notions described below around ‘moral rights’ in digital identity can have a significant impact in how Digital I.D systems are implemented.

This is a new way of thinking.  Most thinking assumes that ID and personal data rights are transferable by consent and the debates have focused on the nature, validity and extent of consent. 

The novel step here is adopting the notion of inalienable moral rights from copyright systems and appplying it to digital ID and data.

The use of blockchain technology to safeguard data which are the subject of the inalienable moral rights means that any access to or modification of the ID data is identifiable and may be blocked.   This will drive user confidence and take up to which security worries can otherwise be a significant disincentive. 

Digital ID legislation would need to be drafted so as to recognise that certain personal data, those which are the subject of such moral rights, must have particular structural protection by design and be dealt with only by specified persons and in specified ways.  

Too early to say.   Development work needed. 

Too early to say but blockchain technology is certainly capable of wide interoperability and, because of the extent of trust that it offers, should allow integration as increasing numbers of systems work with blockchain functionality.  There is no element of lock-in to this solution. 

Too early to say.  Since it operates at the design philosophy level it would certainly integrate into systems which are appropriate for low literacy and numeracy.  Moreover since it would operate by design and without case by case intervention, low literacy and numeracy should not be an issue.

Too early to say. 

I have worked for the World bank on digital ID and GDPR issues

Deep knowledge of civil law and common law data and ID issues.  Speak seven languages.  Past Chair of IBA Communications Law Collette.  Chair of IBA Diversity Council

None as yet

I’d like to work alongside those implementing digital ID legislation and systems to promote systematic and systemic protection of personal ID data so that data subjects will trust and use the ID systems and networks.   Lack of confidence can be a significant inhibitor of takeup. 

Access to legal systems and legislations.  Resolving institutional competency conflicts - who will protect individuals and their rights. This solution supposed two separate regulators dealing with the differing aspects of digital ID rights - moral rights on the one hand and tradable rights on the other.