Clare Sullivan, Digital Identity and Privacy

Clare Sullivan, Digital Identity and Privacy

Comment by: Bryan Choi

PLSC 2012

Workshop draft abstract:

This paper examines the relationship between digital identity and privacy.

The paper analyses the legal nature and functions of digital identity in the context of commercial transactions. The analysis reveals that digital identity, in this context, consists of two sets of information. The primary set of information constitutes an individual’s transactional identity. This is the identity required for transactions. Transaction identity is a defined set of information which typically consists of full name, date of birth, gender, and identifying information such as a signature and/or unique number. This transaction identity acts as both gateway to, and gatekeeper of, more detailed and dynamic information which tells a story about the dealings and activities of the individual associated with the transaction identity.

The paper distinguishes digital identity from privacy and then considers how privacy protects the two sets of information which constitute digital identity. The analysis reveals that while privacy can provide some protection for the broader collection of information, it does not adequately protect transaction identity.  The paper concludes by examining the right to identity which is capable protecting transactional identity, and contrasting the right to identity with the right to privacy.

The discussion is relevant to common law and civil law jurisdictions which recognise and protect human rights.