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The Digital ID Act commenced on 1 December 2024,  please read our article on what's changing for more information.

This consultation has concluded. The Digital ID Rules, Digital ID Accreditation Rules and Accreditation Data Standards have now been made by the Minister and are 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

Download a copy of the Digital ID Subordinate Legislation Consultation Outcomes report [PDF 223KB]

How your input contributed 

Your input has helped change the final Digital ID Rules, Digital ID Accreditation Rules and Digital ID Accreditation Data Standards that support the overarching Digital ID Act 2024.

In May 2024, the Australian Government release an exposure draft of the proposed Digital ID Rules, Digital ID Accreditation Rules and Digital ID Accreditation Data Standards for consultation. Consultation ran from 28 May 2024 to 25 June 2024. 

The Act and rules and data standards 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.

These rules and data standards will also set the foundation for the expansion of the Australian Government Digital ID System to include private sector organisations that choose to participate in the future.

How you voiced your opinion

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

The key themes included in the Consultation Guide under Consultation documentation below as well as a template for feedback, including all the consultation questions were provided.  

Feedback was asked for in the context of an accredited entity, a relying party, an applicant or future applicant seeking to participate, an interested entity or an individual.

What was the outcome of this consultation?

Your response will informed refinements to the proposed rules and data standards before these are made by the Minister for Finance.The Digital ID Rules, Digital ID Accreditation Rules and Accreditation Data Standards  are available on the Federal Register of Legislation. 

What will happen to my information?

Submissions may be published after this consultation period unless you request otherwise in the Upload your submission now section below.

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

What is the Digital ID legislation?  

Creates 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.   
Provides more choice of trusted providers to be used to access more services  Legislation allows the expansion of the Australian Government Digital ID System for use by more Commonwealth, state and territory government services and eventually private sector organisations, creating a better digital experience for Australians. This will enable more consumer choice for creating a Digital ID and where it can be used.    
Enshrines 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.    
Establishes 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 the Australian Government Digital ID system.  The ACCC would also manage and regulate a ‘trustmark’ for accredited Digital ID providers. Services Australia will be the System Administrator and oversee the day-to-day technical operation of the Australian Government Digital ID System. The Information Commissioner will be the privacy regulator for accredited Digital ID services. A Digital ID Data Standards Chair will develop 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

The Digital ID legislation is a package of legislative instruments governing the Accreditation Scheme and the Australian Government Digital ID System.

Digital ID Accreditation Rules

The Accreditation Rules and Data Standards apply to Digital ID, attribute and exchange providers to choose to obtain accreditation.

The Digital ID Accreditation Rules relate to:

  • the accreditation application process, including application for accreditation and annual reviews
  • the requirements that accredited entities must meet to effectively manage fraud, security, privacy, accessibility and usability
  • These rules also set out requirements for the operation of Digital ID services an entity may be accredited for.

Digital ID Accreditation Data Standards

The Accreditation Rules and Data Standards apply to Digital ID, attribute and exchange providers to choose to obtain accreditation.

The Digital ID Accreditation Data Standards relate to:

  • the testing requirements for accredited entities such as for presentation attack detection and electronic Identity Document Verification Technology
  • the authentication requirements such as the types of authenticators, authentication levels bound to a digital ID, and requirements for authenticating an individual to their Digital ID using their biometric information.

Digital ID Rules

Elements of these Digital ID Rules apply to relying parties participating within the Australian Government Digital ID System and they apply to entities seeking to participate in the Australian Government Digital ID System.

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 those in the Digital ID Accreditation Rules for providers and services to protect the privacy and security of individuals who use the Australian Government Digital ID System.

The Digital ID Rules also include rules around the use of a symbol (or ‘trustmark’) that accredited Digital ID providers could display to show they’ve met the standards set by government to achieve accreditation.

Digital ID Data Standards

The Digital ID Data Standards will outline the technical requirements for services participating in the Australian Government Digital ID System. These standards were released for consultation in June 2024. Read more about the Digital ID Data Standards consultation. 

Consultation documentation

Privacy principle notice 

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 2024 Digital ID Rules, Accreditation Rules and Accreditation Data Standards. 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 may 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, May 28, 2024 - 12:57
Tuesday, June 25, 2024 - 20:00