Digital ID Bill and Digital ID Rules

This consultation has concluded. The Digital ID Act 2024 has passed parliament, received royal assent and is now available on the Federal Register of Legislation. 

For more information on the Digital ID Act 2024 and associated instruments visit the Digital ID Act page. 

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How your input contributed

Your input has helped shape the Digital ID Act 2024. 

In September 2023, the Australian Government has released an exposure draft of the proposed Digital ID legislation (Digital ID Bill) and Digital ID Rules for consultation. Consultation ran from 19 September 2023 to 10 October 2023. 

The legislation will provide strong regulation for accredited Digital ID providers to make sure they keep your information private and secure, if you choose to create and reuse a Digital ID to access online services.  

The legislation will also enable the expansion of the Australian Government Digital ID System to include private sector organisations that choose to participate. 

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How you voiced your opinion

The information below and the accompanying documents were provided to support participants provide informed feedback.  

The key consultation questions are included in Your guide to the Digital ID legislation and Digital ID Rules under Consultation documentation below as well as a template for feedback, including all the consultation questions.

Participants were also able provide feedback on the proposed Digital ID legislation through a quick and easy survey, head to 2023 Digital ID legislation - quick and easy survey.

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What was the outcome of this consultation?

Your response informed refinements to Digital ID Act which will commence on 1 December 2024.

What will happen to my information?

Submissions that provided concent have been published below.

For more information, see the Australian Privacy Principle 5 notice at the end of this page.

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

 

Pyramid diagram of the legislation structure. Top: Digital ID Bill - establishes accreditation and government system schemes. Middle: Rules made through Parliament - Accreditation Rules sets out the accreditation standards and requirements and the Digital ID Rules deal with trustmarks and government system onboarding. Bottom is Standards made by the data chair - Accreditation including data standards e.g. verifiable credentials and the government system technical standards and services levels

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.  

 

Consultation documentation 

 

Submissions

 

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. 

For more information about how Finance handles your personal information, including information about access to or correction of your personal information, please visit our Privacy Policy at: https://www.finance.gov.au/publications/policy/department-finance-privacy-policy.
 

Participate

Tuesday, September 19, 2023 - 11:00
Tuesday, October 10, 2023 - 20:00

Set it up once, then reuse it to prove who you are.

Set up your Digital ID

The Department of Finance acknowledges the Traditional Owners and Custodians throughout Australia and their continuing connection to land, water and community.