Digital ID Bill and Digital ID Rules
What’s in the legislation?
|Create an accreditation scheme for Digital ID service providers
|The Australian Government will strengthen its existing accreditation framework for providers of Digital ID services by introducing a voluntary Accreditation Scheme. The Accreditation Scheme will be underpinned by rigorous technical standards and with robust enforcement mechanisms. Accreditation demonstrates that Digital ID providers meet high standards for privacy, cyber security, user experience and more.
|Provide more choice of trusted providers to be used to access more services
|Legislation will allow the Commonwealth to partner with states and territories as well as partner with private sector companies to create a better digital experience for Australians. This will facilitate more choice of providers for creating a Digital ID and where it can be used.
|Enshrine additional privacy safeguards
|These privacy safeguards are in addition to those already enshrined in the Privacy Act, to protect individuals who choose to create and use a Digital ID. These include prohibiting tracking of an individual’s online behaviour and extra protections around sensitive data.
|Establish an independent Digital ID Regulator
|The Australian Competition and Consumer Commission (ACCC) will be the initial independent regulator to oversee the Digital ID Accreditation Scheme and operation of the Australian Government Digital ID system. The ACCC would also manage and regulate a ‘trustmark’ for accredited Digital ID providers. The Information Commissioner will be the privacy regulator for accredited Digital ID services. A Digital ID Data Standards Chair will develop technical and data standards.
Structure of the legislation
Digital ID Rules
The Digital ID Rules set out some additional requirements relating to entities wanting to participate in the Australian Government Digital ID System.
These rules relate to:
- Digital ID service providers who participate in the Australian Government Digital ID System
- Other organisations (known as relying parties) who participate in the Australian Government Digital ID System to use Digital IDs as a way for their clients or customers to verify their ID.
The Digital ID rules are specific requirements additional to the Digital ID Bill for providers and services to protect the privacy and security of individuals who use Australia’s Digital ID system, such as reporting obligations to the Regulator (ACCC) and the Information Commissioner.
Digital ID legislation will establish rules around the use of a symbol (or ‘trustmark’) that accredited Digital ID providers could display on their website to show they’ve met the standards set by government to achieve accreditation. These rules are outlined in the Digital ID Rules.
Information on the Accreditation Rules can be found here 2023 Digital ID Accreditation Rules submissions.
- Draft Digital ID Bill 2023 (PDF 963.99 KB)
- Draft Digital ID Rules Sept 2023 (PDF 359.44 KB)
- Your guide to the Digital ID legislation and Digital ID Rules (PDF 1.61 MB)
- TEMPLATE Feedback document - Digital ID Bill and Digital ID Rules (DOC 355 KB)
- Factsheet: Digital ID legislation (PDF 433.16 KB)
- .au Domain Administration Ltd
- ACT Government
- ACT Human Rights Commission
- Anonymous 01
- Anonymous 02
- Anonymous 03
- Anonymous 04
- Anonymous 05
- Anonymous 06
- Anonymous 07
- Anonymous 08
- Anonymous 09
- Anonymous 10
- Anonymous 11
- Anonymous 12
- Anonymous 13
- Anonymous 14
- Anonymous 15
- Anonymous 16
- Anonymous 17
- Anonymous 18
- Anonymous 19
- Anonymous 20
- Anonymous 21
- Anonymous 22
- Anonymous 23
- Apella x Anuna Research
- AUCloud - Sovereign Cloud Australia Pty Ltd
- Australian Banking Association
- Australian Chamber of Commerce and Industry
- Australian Digital Health Agency
- Australian Information Industry Association
- Australian Payments Plus
- Australian Retail Credit Association
- Bendigo and Adelaide Bank
- Blind Citizens Australia
- BSA The Software Alliance and Global Data Alliance
- Business Council of Australia
- CDR Data Standards Chair
- Centre for Inclusive Design
- Chartered Accountants Australia and New Zealand
- Commonwealth Bank of Australia
- Communications Alliance
- Digital Rights Watch
- Digital Service Providers Australia New Zealand - DSPANZ
- Dr Robyn Stephenson
- FamilyVoice Australia
- Financial Advice Association of Australia
- Financial Services Council
- Frank Paul
- Governance Institute of Australia
- IIS Partners
- Information and Privacy Commission NSW
- Internet Australia
- Jeremy Cohen
- JF Barlow
- Law Council of Australia
- Lockstep Consulting
- MDR Security
- National Australia Bank
- NSW Council of Civil Liberties
- Office of the Australian Information Commissioner
- Office of the Information Commissioner Queensland
- Office of the Victorian Information Commissioner
- One Click Verify
- Prashant Singh
- Private Healthcare Australia
- Provision IT Pty Ltd
- Queensland Council for Civil Liberties
- Retail Drinks Australia
- Richard Kelly
- Stripy Sock Ltd
- Tech Council of Australia
- UNSW Allens Hub for Technology, Law and Innovation
- Verifier Australia
- Vision Australia
- Woolworths Group
This survey and the submission of feedback to the Department of Finance (Finance) is voluntary. Any personal and sensitive information included in your responses to form questions and your submission will be collected by Finance and is protected by law, including the Privacy Act 1988 (Privacy Act). Please do not provide personal information relating to other people unless you have sought their consent to do so.
This information is being collected by the Department of Finance (Finance) as part of consultation activities on the 2023 Digital ID Legislation Exposure Draft. The feedback and personal information collected in this form will be used to refine draft legislation. The information provided in your submissions may also be analysed by third party certified service provider artificial intelligence software to inform analysis of feedback themes across submissions. Third parties who contract with Finance are contractually bound to protect personal information in accordance with the Privacy Act.
The personal information collected in this survey may be used to contact you for further information about your feedback. If you’ve consented, Finance will retain your contact details which may be used to communicate with you about Digital ID in the future.
Your submission to the Digital ID legislation will be published on the digitalidentity.gov.au website unless stated otherwise by you in the survey. If you wish for your submission on the to be published but to remain anonymous, or for your submission not to be published, please tick the appropriate box when completing the form. Finance will not use or disclose the personal information collected in this form for another purpose without your consent unless required or authorised by law.