“e-LEGISLATION” Jos DUMORTIER March 19, 2012 Ministerstwo Administracji i Cyfryzacji Warsaw

4 Challenges 1.Data Protection 2.Identity Management 3.Non-Repudiation 4.Law Enforcement

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

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

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)

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

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.)

Belgium Civil Code: all methods enabling to determine to 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

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

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?

Re-use existing rules as far as possible Don’t legislate unless it is absolutely necessary Keep the rules simple and consistent Recommendations

Contact Jos Dumortier K.U.Leuven – ICRI Sint-Michielsstraat 6 B-3000 Leuven (t) +32 (0) / Jos Dumortier time.lex - Information & Technology Law Congresstraat 35 B-1000 Brussel (t) +32 (0) /