UPDATE: On 5 April 2023 the Digital Identity Services Trust Framework Act received Royal Assent. This Act establishes a trust framework governing the provision of secure digital identity services. It comes into force on 1 July 2024 or such earlier date as may be set by Order in Council. More detail on its content below (first published 29 June 2022).
The Economic Development, Science and Innovation Select Committee reported on the Digital Identity Services Trust Framework Bill (Bill)on 19 April 2022.
The key purpose of the Bill is to establish a trust framework governing the provision of secure digital identity services. A summary of the Bill as initially proposed can be found here. This summary provides a general overview of what digital identity services are and the key elements of the Bill.
This article focuses on the nature of the recommendations made by the Select Committee.
Accreditation
There is one key change to the Bill. This change relates to the way the accreditation process is applied under the Bill. The Bill originally provided for accreditation of both providers and services, and for accredited providers (TF providers) to be able to use a trust mark to identify that accreditation. There was concern that it would not be clear what the trust mark meant where a TF provider had services that were accredited and services that were not accredited. Accordingly, the trust mark concept has been renamed as an accreditation mark and will only be able to be used in connection with the accredited services. There will no longer be any mark used to indicate a TF provider as accredited.
In addition, the Select Committee have provided that accreditation for a TF provider or service can be cancelled if the TF provider does not comply with a compliance order issued by the Trust Framework Authority. A compliance order can be issued where there has been a breach of an aspect of the Trust Framework (eg, a rule or regulation).
Enhanced clarity
Most of the remaining amendments made by the Select Committee were to enhance the understanding and clarity of the Bill. This included making it clear that the rules applicable to accredited services do not apply to digital identity services that are not accredited services. The Select Committee also added a new clause to consolidate and clarify the requirements to consult and engage with Māori and added an express obligation on the Trust Framework Board to engage with Māori when performing its functions.
The Bill is currently at its second reading where Parliament debates the Select Committee recommendations and votes on the Bill. We will continue to monitor this Bill as it makes its way through Parliament.
If you are interested in how this legislation may affect you, please contact us.
