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COMPETITIVENESS AND INNOVATION FRAMEWORK PROGRAMME
                    ICT Policy Support Programme (ICT PSP)

      Towards pan-European recognition of electronic IDs (eIDs)
ICT PSP call identifier: ICT-PSP/2007/1
ICT PSP Theme/objective identifier: 1.2

Project acronym: STORK
Project full title: Secure Identity Across Borders Linked
Grant agreement no.: 224993



           D4.1 Interim Report on eID Process Flows
                            Deliverable Id :                                                          D4.1
                        Deliverable Name :                             Interim Report on eID Process Flows
                                     Status :                                                        Final
                      Dissemination Level :                                                         Public
                   Due date of deliverable :                                                           M8
                   Actual submission date :                                                     03/03/2009
                            Work Package :                                                               4
    Organisation name of lead contractor for
                                                                                                    UK IPS
                           this deliverable :
                                  Author(s):                                     Neil Clowes and Jim Purves
                                                      UK, SI, EE, ES. Other member states have contributed
                    Partner(s) contributing :   through providing legal and other contextual information and
                                                                                              through review



Abstract: This document provides an overview of the current process flows that will be the input for the
pilots.




            Project funded by the European Community under the ICT Policy Support Programme
                                   Copyright by the STORK-eID Consortium
D4.1 Interim Report on eID Process Flows                           03/03/2009



History
Version      Date             Modification reason   Modified by
1.0          13/01/2009       Draft document        Neil Clowes and Jim
                                                    Purves (UK IPS)
2.0          20/02/2009       Updating              Davorka Sel (SI MPA)
3.0          03/03/2009       Last editing          Neil Clowes




 STORK-eID Consortium                                            Page 2 of 18
D4.1 Interim Report on eID Process Flows                                                                                          03/03/2009



Table of contents
HISTORY........................................................................................................................................ 2
TABLE OF CONTENTS ............................................................................................................... 3
1       EXECUTIVE SUMMARY ................................................................................................... 4
2       PROCESS FLOWS ............................................................................................................... 5
3       LEGAL QUESTIONS TO MEMBER STATES................................................................. 9
    3.1         FIRST SET OF LEGAL QUESTIONS ..................................................................................... 9
    3.2         SECOND SET OF LEGAL QUESTIONS ............................................................................... 10
4       PROJECT PLAN ................................................................................................................. 18




 STORK-eID Consortium                                                                                                           Page 3 of 18
D4.1 Interim Report on eID Process Flows                                                  03/03/2009



1     Executive Summary
For successful completion of deliverable 4.1, it is necessary that the legal and trust environments
are understood as well as the technical and non-technical interactions. It is only possible to carry
out cross border service transactions if the IT architecture can operate legally in all the member
states applying it and convey with it confidence in the identity of the user notwithstanding
technical interoperability.
In the early stages of the work the focus was on understanding each action, who would carry them
out and in what sequence. Exchanges of e-mails, meetings and workshops acted to clarify
thinking and drive forward emerging solutions for further exploration. As the discussions
broadened out to encompass more stakeholders it soon became apparent that data protection
legislation rendered some potential solutions impractical and not legal. The work also identified
that the legal concept of vires would play an important part even in a customer centric solution.
In order to ensure the legal environment within each member state as regards STORK was
understood in developing the process flows the initial questionnaire shown below was sent out on
3 December. Further questions which needed to be answered were identified at a further
workshop and a second questionnaire sent out on 23 December.
As the questionnaire explains, it is important to determine what legal issues may affect the
proposed interactions and transactions, described for the pilots, involving personal data held on
government or private databases within the Member State.
It is important to determine what legal issues may affect the proposed interactions and
transactions because the pilots will involve real personal data held on government or private
databases within the member state. The responses have enabled further development of the
process flows and the current process flows are shown below. They represent the current physical
manifestation of the final deliverable for this Work package but are still being discussed and
reviewed. There is currently significant discussion going on about the eSignature process flow.
This is due to be resolved over the course of the next month.




 STORK-eID Consortium                                                                   Page 4 of 18
D4.1 Interim Report on eID Process Flows                                                   03/03/2009



2 Process Flows
The following diagrams show the process flows that have been delivered to date. These are still
draft and are under review by the Member States.
Figure 1 presents process flow for cross border authentication where service provider (SP)
country and identity provider (IDP) country use PEPS approach. The whole authentication
process is split into three phases being service selection phase, identification phase, and assertion
validation and login phase. The division into three phases is important as they can be also parts of
other processes, such as for example user registration process. In the continuation the description
of the authentication process flow as presented in Figure 1 is given.
Let us suppose that the service is provided by MS B. The user starts the authentication process by
selecting to authenticate with the SP. SP sends the request for authentication and the information
of the QAA level that it requires to MS B PEPS to proceed with the authentication of the user.
The MS B PEPS then ask the user which MS issued the eID he is planning to use for the
authentication and provides a list of MS. The user selects from the list the MS which eID he/she
plans to use. According to the user selection of the MS the request for authentication and required
QAA level of the service are sent from MS B PEPS to MS A PEPS (the latest being MS which
was selected by the user). The MS A PEPS then provides the user with a list of eIDs that are
suitable for the authentication as they satisfy condition of required QAA level. The user selects
eID he/she wants to authenticate with. The validation of the provided eID is then carried out based
on MS A specific interaction with the user. Upon successful validation of the eID, MS A PEPS
creates assertion with the authentication statement and a unique, minimum, persistent
representation of the user’s identity and sends this assertion to MS B PEPS. The latter first
validates received assertion. Conversion of the received assertion and transmission of received
data to SP is carried out according to MS B procedure. The user is finally authenticated with the
MS B SP and can proceed with the use of service.




 STORK-eID Consortium                                                                    Page 5 of 18
D4.1 Interim Report on eID Process Flows                                                   03/03/2009




Figure 2 presents MS specific validation of the user’s eID as mentioned in the description of
Figure 1. There are at least two options for validation, as presented in Figure 2. In the first option
the user selects from the list provided by MS A PEPS for authentication for example digital
certificate. MS A PEPS forwards request for the validation of the certificate to the IDP which has
issued the certificate. In the second case the user select eID from the list that is provided by MS A
PEPS, according to the selection the user receives the request for authentication directly from the
IDP (for example to enter user name and password). Upon entering user name/password the
identity is validates at IDP.




Figure 3 presents process flow for cross border authentication where the user wants to
authenticate with the smart card and SP country uses PEPS approach. Again the authentication
process flow is divided into three phase, the same as presented in Figure 1.


The user starts the authentication process by selecting to authenticate with the SP provided by MS
B. SP sends the request for authentication and the information of the QAA level that it requires to
MS B PEPS. The MS B PEPS then asks the user which MS issued the eID he is planning to use
for the authentication and provides a list of MS. The user selects from the list the MS which eID
he/she plans to use. According to the user selection of the MS the request for authentication and
required QAA level of the service are passed to Virtual IDP of the MS selected by the user (let us
suppose this is MS A). Note that Virtual IDP of MS A is hosted by MS B. Virtual IDP checks if
the eID (smart card) of MS A satisfies the QAA level required by SP. If yes, the authentication
request is redirected from MS A Virtual IDP to MS A middleware, which ask the user to provide
the token. This is followed by the MS specific interaction with the user needed for validation of
provided eID. If the validation is successful, Virtual IDP creates assertion with the authentication
statement which is then sent to MS B PEPS. The latter first validates received assertion.
Conversion of the received assertion and transmission of received data to SP is then carried out




 STORK-eID Consortium                                                                    Page 6 of 18
D4.1 Interim Report on eID Process Flows                                             03/03/2009



according to MS B procedure. The user is finally authenticated with the MS B SP and can proceed
with the use of service.




 STORK-eID Consortium                                                              Page 7 of 18
D4.1 Interim Report on eID Process Flows    03/03/2009




 STORK-eID Consortium                     Page 8 of 18
D4.1 Interim Report on eID Process Flows                                                  03/03/2009



3 Legal Questions to Member States
Two sets of legal questions were sent to the suppliers: These can be seen below:



3.1 First set of legal questions


Q1: Is the administration that is the data controller, within the context of the STORK pilots,
legally allowed to share data with a third party across borders with user consent?



Q2: For the service provider, what obligations are there about data access by the subject to
update, see, delete etc? What are the requirements relating to storage and destruction? What
restrictions exist on subsequent use of the data? Does the data have to be deleted at the end of the
pilot?



Q3: In the case of the unique identifying number, what is the answer to the same questions in Q.2
above?



Q4: Within the same Member State, where a computer server containing the relevant information
is run by a separate organization to the authority who needs to confirm the identity information
given, can that authority access the data for the use of a cross border service?



Q5: What legal restrictions, if any, relate solely to the electronic component of sending data from
one Member State to another?



Q6: Is there a difference if the control of the electronic transfer of data is run by the private
sector?



Q7: Is the administration that is the data controller, within the context of the STORK pilots,
legally allowed to share data across borders without user consent?



Q8: What are the specifics involved in providing informed consent?



Q9: Is there a legal difference between a person having control of the data during the transactions
envisaged in the pilot and the subject giving consent to the transfer of data but not having control
over the transaction?




 STORK-eID Consortium                                                                   Page 9 of 18
D4.1 Interim Report on eID Process Flows                                                            03/03/2009




Q10: Can a user give consent or be said to be in control if they cannot read the data in question
because it is encrypted?



Q11: Is the answer to the above question different if there is a simultaneous sending to the user
in plain text with a statement that this is the same information as placed within the encryption?




3.2 Second set of legal questions


 Item                 Question
 Authentic            The identity of the controller has to be specified, as well as the purposes for the data
 source principle     collection (articles 6 and 10, DPD). Data minimisation has to be observed (art. 6) and data
                      should be accurate and up to date. These requirements may be difficult to meet in cases
                      where no direct access is available to reliable data sources (such as authentic registries).
                      These mean a dataset that allows the data subject to be uniquely identified (i.e. an
                      identifier).

                      1. Which attributes are controlled by the users on using their passwords or PINs?


                                     All data that are in the token

                                     Part of the data that are in the token

                                     They do not need any password or PIN: data are freely accessible.

                                     Other (mention it)



 eSignatures          A certificate is an electronic attestation, which links signature-verification data to a person
 Directive       & and confirms the identity of that person. "Qualified certificate" meets the requirements laid
 Credentials          down in Annex I of eSignature Directive and is provided by a certification-service-provider
                      who fulfils the requirements laid down in Annex II of the Directive.

                      By definition, authentication certificates, can be used to authenticate the holder (confirm
                      the identity); because qualified certificates are issued (involving face-to-face verification
                      procedures of the claimant/citizen) and verified in a more tightly controlled process than
                      for other (advanced) certificates as outlined in Directive Annexes: the proof is stronger
                      (assurance level is higher).

                      Member states may also determine for which purpose a particular certificate may be used.
                      Most differentiate between the authentication certificate and the non-repudiation digital
                      signature and consider it undesirable that the authentication certificate is used for
                      signature purposes and vice versa... It is up to the individual member states to determine
                      whether they accredit certification-service providers and give them the right to issue
                      qualified certificates and whether their eIDs make use of qualified certificates or other
                      certificates.




 STORK-eID Consortium                                                                           Page 10 of 18
D4.1 Interim Report on eID Process Flows                                                            03/03/2009




 Item                 Question

                      The basic legal effects of these QC's is handled by the e-signature Directive and its
                      transposition in national legislation. The liability in the case of Qualified certificates rests
                      on the CA (but also certain limitations.) that issued the certificate, whereas this is more
                      complicated for non qualified certification-service providers. These are likely to have
                      provisions (waiving) regarding their liability in their terms of service. Because there are
                      potentially, many certification-service providers this may lead to a complicated mesh of
                      different liability regimes.

                      2. In your country, which is more formal from the legal point of view to verify a
                         private person identity?
                                     Using a authentication QC

                                     Using a signing QC

                                     Both have the same legal validity.

                                     Other (mention it)


 Privacy              Applications Services should Yield indispensable data than is strictly necessary for the
 Directive            purposes of the application or service.

                      3. Has the user to sign an offline or online contract with the service provider for
                         the pilots? Alternatively, the user has only to accept/disclaimer page in the
                         website?
                                    Yes, online

                                    Yes, offline

                                    No, only an online disclaimer

                                    No, only an offline disclaimer

                                    Do not known

                                    Other (mention it)

                      4. With informed user consent, are identification data attributes collected to the
                         minimum necessary (adequate, relevant and non-excessive)?
                                    Yes, only what we need

                                    No, we get more data than are usually need

                                    No, only an online disclaimer

                                    No, only an offline disclaimer

                                    Do not known

                                    Other (mention it)




 STORK-eID Consortium                                                                            Page 11 of 18
D4.1 Interim Report on eID Process Flows                                                       03/03/2009




 Item                 Question

                      5. Has been the data acquisition process checked to confirm the previous
                         affirmative answer?
                                    Yes

                                    No

                                    Do not known

                                    Other (mention it)

                      6.    Do the Directive implementation or any MS law (National Register Acts,
                           Identity Card Acts, eGovernment Acts, and so forth) restrict the use of
                           identifiers (numeric or data attributes combinations) to link it to the person?

                                    Yes, (mention it)

                                    No

                                    Do not known

                                    Other (mention it)

                      7. In case that linking identifiers to privates persons would be restricted, could
                         they be used “virtual” identifiers?

                                    Yes

                                    No

                                    Do not known

                                    Other (mention it)



 Services         The recent Services Directive of 12 December 2006 (to be transposed by the Member States
 Directive        by 28 December 2009) might have effect on facilitating the interoperability of information
 Applicability to systems and use of procedures by electronic means between service providers. In some
 the issue of cases, relying parties may want to obtain more attributes from a claimant than present in
                  the presented eID, or they may want to establish an attribute at a higher level of assurance
 identity
                  than offered by the eID (e.g., the address, and even name, present on a smart card may be
 management       outdated). In many of the member states studied, There are authentic registers that offer
                      authorised entities access to authentic data pertaining to citizens.

                      8. Are there any eGov or private service implementation in your country for
                         serving additional data not present in the eID?



                                    Yes, (mention it)




 STORK-eID Consortium                                                                       Page 12 of 18
D4.1 Interim Report on eID Process Flows                                                            03/03/2009




 Item                 Question

                                    No

                                    Do not known

                                    Other (mention it)

                      9. If yes, could it be accessed (freely or on previous agreement) from any other
                         MS?

                                    Yes

                                    No

                                    Do not known

                                    Other (mention it)




 Item                 Question

 Identifiers          Authentication (identification process) has been defined above as ‘the corroboration of the
                      claimed identity of an entity or of a set of its observed attributes’. A distinction should
 Identifiable         therefore be made between two situations:
 data- identifiers         1.   Authentication of the status: entity must have specific required quality, it is not
 in the surveyed                necessary for an application to know who a specific entity is, exactly. The
 countries                      application determines the entity’s status, not his/her identity.
                           2.   Authentication of the identity: application needs to authenticate the entity by
                                determining his/her exact identity.

                      Thus, authentication can sometimes be done by merely establishing a quality (case 1), or by
                      determining the precise identity of an entity (case 2). In both cases, the final goal would
                      obviously be served by presenting any and all attributes regarding a specific entity.

                      By definition, determining an identity uniquely requires the use of a unique identifier.
                      Understanding it as ‘an attribute or a set of attributes of an entity which uniquely identifies
                      the entity within a certain context’. Identifiers reference to a unique object used by an entity
                      to be uniquely represented within the specific context of the object; the validity of the
                      identifier is limited to the entity and object lifecycle; examples are passport numbers, credit
                      card numbers, identity card numbers, driver’s licence numbers; the validity of a identifier
                      may depend on a number of factors (e.g., context, time. For pilots, it should be possible to
                      create a new identifier on the basis of a national identifier by means of a one-way
                      transformation function and use this new number as the identifier in the relying party's
                      system. Presently, this is similar to how derived identifiers are created in some Member
                      States.

                      10. Can unique identifiers or a set of identifying attributes data from foreign
                          claimants be legally stored in eGovernment transaction process?

                                    Yes,




 STORK-eID Consortium                                                                            Page 13 of 18
D4.1 Interim Report on eID Process Flows                                                          03/03/2009




 Item                 Question

                                    No,

                                    Do not known

                                    Other (mention it)



 Unambiguous          User consent will not be too problematic when data is provided by the claimant directly
 consent of the       (e.g., in an online form), or when data can be obtained from a certificate presented by the
 data      subject    claimant (for instance, taken from a certificate on a smart card inserted into a reader
 (the claimant).      attached to the divide the claimant uses in the interaction). It becomes more complicated
                      when the service provider (relying party) needs to obtain additional data, such as
                      (certified) attributes and these can be, or even have to be obtained, from other sources than
                      the user. In some cases, it may be possible, for instance, to collect the data from authentic
                      registers in the claimant home member state. In these cases, also consent of the user may
                      be required in order to make the processing legitimate.

                      11. What part of the current information of an eID can be use on electronic format
                          directly by an application, through the owner consent? (to tick one or more as
                          necessary, double-click and activate):

                                    All data in electronic format

                                    Part of the data in electronic format ( please, list them here)

                                    Only the data that can be read by humans on the support token

                                    None


                      12. In your country, online user consent for data contained on an eID is usually
                          understood as: (to tick one or more as necessary, double-click and activate):

                                    Accessing user data (generally using PIN) and showing them to the
                                user.

                                   Accessing user data (generally using PIN). There is NO need to show
                                them to the user, it is supposed they what they are.

                                      User consent is granted through established online Policy, as user
                                interacts with the site.

                                   . User consent is granted through a contract

                                    other (explain it in short)

                      13. Has the user available some other data in electronic format (from any public or
                          private source) that may complement the one in the eID? (to tick one or more
                          as necessary, double-click and activate):




 STORK-eID Consortium                                                                          Page 14 of 18
D4.1 Interim Report on eID Process Flows                                                          03/03/2009




 Item                 Question

                                    Only public eGovernment

                                    Only private provider service

                                    Both kind of services

                                    Actually, There is no available service for the moment

                                    other (name it):
                      14. Is there a previous user consent explicitly established by any law or regulation
                          or depends from the ad-hoc user consent (to tick one or more as necessary,
                          double-click and activate):

                                    Previous legal user consent

                                    Previous contractual service user consent

                                    Ad-hoc ( user has to give consent every time)

                                    other (name it):



 Authentication       Obviously, this issue is only relevant in the broader context of identity management, but not
 vs. Consent          when examining the narrower issue of authentication as such. After all, authentication by
                      definition will be initiated by the data subject himself/herself, so that the only issue of
                      consent is the determination of the data set required for authentication purposes.
                      15. Usually, the user consent must be given unequivocally. When registering for
                          using online services (public or private) the user consent is given implicitly or
                          must be given explicitly (online agreement “accept”, physical legal contract
                          etc..)?

                                    Usually, there is an online contract.

                                    Usually, there is an offline physical contract

                                    Usually, there is an accepting disclaimer notice

                                    There are not any online or offline notice

                                    do not known

                                     Other (mention it)



 Attribute     data In some cases, relying parties may want to obtain more attributes from a claimant than
 source               present in the presented eID, or they may want to establish an attribute at a higher level of
                      assurance than offered by the eID (e.g., the address, and even name, present on a smart
                      card may be outdated). In many of the member states studied there are registers that offer
                      authorised entities access to authentic data pertaining to citizens.




 STORK-eID Consortium                                                                          Page 15 of 18
D4.1 Interim Report on eID Process Flows                                                        03/03/2009




 Item                 Question


                      16. Does the nationality being obtained directly or with PIN from the eID by an
                          application program (to tick one or more as necessary, double-click and
                          activate):

                                    No, there is no nationality data

                                    No, nationality data is no machine-readable. It is “printed”.

                                    Yes, nationality data is accessible by program.


                      17. Which obligations and/or restrictions apply to updating, deleting storing,
                          destructing etc…, for stored data from a service provider, controller or
                          processor point of view?

                                    They are implemented as recommended from the DPD and grouped
                                into security documents that need to fulfil the established conditions. Even,
                                the can be reflected on contract.

                                   They are implemented as recommended from the DPD, but there is no
                                formal document, as mentioned above, but they also may be reflected on
                                contract.

                                    Security measures do not depend directly on DPD implementation

                                    other (explain it in short)



 Incident             It seems reasonable that each participating member state should review their respective
 Handling             legislations, because DPD transposition may arise some issues on incident handling:
                      incident, notification and administration procedures should exist, and any incidences, that
                      may affect the personal data, must be registered. Therefore, it is possible that cross-
                      countries incidences must raise and the owners of the systems/files from the affected
                      countries need to be aware. Perhaps, this foresees an international incident handling
                      procedure that must be agreed on by all participating MS.
                      18. Is DPD transposition on your country aware of this responsibility for data
                          controller?

                                    Yes

                                    No.

                                    do not know

                                     Other (mention it)


                      19. Does raise DPD transposition on your country the security need of an incident




 STORK-eID Consortium                                                                        Page 16 of 18
D4.1 Interim Report on eID Process Flows                                                     03/03/2009




 Item                 Question
                           handling procedure when data treatment for the data controller is done by a
                           processor in other MS?

                                    Yes

                                    No.

                                    do not know

                                     Other (mention it)


                      20. Data transferring is between a controller and a processor depends on a
                          contract. Is incident notification directly regulated by the contract or it depends
                          on the DPD transposition implementation?

                                    Incident handling depends on only contract

                                    Incident handling depends on, both contract and DPD transposition

                                    Incident handling depends only contract DPD transposition

                                    do not know

                                     Other (mention it)




 STORK-eID Consortium                                                                     Page 17 of 18
D4.1 Interim Report on eID Process Flows     03/03/2009



4 Project Plan




 STORK-eID Consortium                     Page 18 of 18

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Stork Deliverable D4.1 Interim Report On E Id Process Flows

  • 1. COMPETITIVENESS AND INNOVATION FRAMEWORK PROGRAMME ICT Policy Support Programme (ICT PSP) Towards pan-European recognition of electronic IDs (eIDs) ICT PSP call identifier: ICT-PSP/2007/1 ICT PSP Theme/objective identifier: 1.2 Project acronym: STORK Project full title: Secure Identity Across Borders Linked Grant agreement no.: 224993 D4.1 Interim Report on eID Process Flows Deliverable Id : D4.1 Deliverable Name : Interim Report on eID Process Flows Status : Final Dissemination Level : Public Due date of deliverable : M8 Actual submission date : 03/03/2009 Work Package : 4 Organisation name of lead contractor for UK IPS this deliverable : Author(s): Neil Clowes and Jim Purves UK, SI, EE, ES. Other member states have contributed Partner(s) contributing : through providing legal and other contextual information and through review Abstract: This document provides an overview of the current process flows that will be the input for the pilots. Project funded by the European Community under the ICT Policy Support Programme  Copyright by the STORK-eID Consortium
  • 2. D4.1 Interim Report on eID Process Flows 03/03/2009 History Version Date Modification reason Modified by 1.0 13/01/2009 Draft document Neil Clowes and Jim Purves (UK IPS) 2.0 20/02/2009 Updating Davorka Sel (SI MPA) 3.0 03/03/2009 Last editing Neil Clowes  STORK-eID Consortium Page 2 of 18
  • 3. D4.1 Interim Report on eID Process Flows 03/03/2009 Table of contents HISTORY........................................................................................................................................ 2 TABLE OF CONTENTS ............................................................................................................... 3 1 EXECUTIVE SUMMARY ................................................................................................... 4 2 PROCESS FLOWS ............................................................................................................... 5 3 LEGAL QUESTIONS TO MEMBER STATES................................................................. 9 3.1 FIRST SET OF LEGAL QUESTIONS ..................................................................................... 9 3.2 SECOND SET OF LEGAL QUESTIONS ............................................................................... 10 4 PROJECT PLAN ................................................................................................................. 18  STORK-eID Consortium Page 3 of 18
  • 4. D4.1 Interim Report on eID Process Flows 03/03/2009 1 Executive Summary For successful completion of deliverable 4.1, it is necessary that the legal and trust environments are understood as well as the technical and non-technical interactions. It is only possible to carry out cross border service transactions if the IT architecture can operate legally in all the member states applying it and convey with it confidence in the identity of the user notwithstanding technical interoperability. In the early stages of the work the focus was on understanding each action, who would carry them out and in what sequence. Exchanges of e-mails, meetings and workshops acted to clarify thinking and drive forward emerging solutions for further exploration. As the discussions broadened out to encompass more stakeholders it soon became apparent that data protection legislation rendered some potential solutions impractical and not legal. The work also identified that the legal concept of vires would play an important part even in a customer centric solution. In order to ensure the legal environment within each member state as regards STORK was understood in developing the process flows the initial questionnaire shown below was sent out on 3 December. Further questions which needed to be answered were identified at a further workshop and a second questionnaire sent out on 23 December. As the questionnaire explains, it is important to determine what legal issues may affect the proposed interactions and transactions, described for the pilots, involving personal data held on government or private databases within the Member State. It is important to determine what legal issues may affect the proposed interactions and transactions because the pilots will involve real personal data held on government or private databases within the member state. The responses have enabled further development of the process flows and the current process flows are shown below. They represent the current physical manifestation of the final deliverable for this Work package but are still being discussed and reviewed. There is currently significant discussion going on about the eSignature process flow. This is due to be resolved over the course of the next month.  STORK-eID Consortium Page 4 of 18
  • 5. D4.1 Interim Report on eID Process Flows 03/03/2009 2 Process Flows The following diagrams show the process flows that have been delivered to date. These are still draft and are under review by the Member States. Figure 1 presents process flow for cross border authentication where service provider (SP) country and identity provider (IDP) country use PEPS approach. The whole authentication process is split into three phases being service selection phase, identification phase, and assertion validation and login phase. The division into three phases is important as they can be also parts of other processes, such as for example user registration process. In the continuation the description of the authentication process flow as presented in Figure 1 is given. Let us suppose that the service is provided by MS B. The user starts the authentication process by selecting to authenticate with the SP. SP sends the request for authentication and the information of the QAA level that it requires to MS B PEPS to proceed with the authentication of the user. The MS B PEPS then ask the user which MS issued the eID he is planning to use for the authentication and provides a list of MS. The user selects from the list the MS which eID he/she plans to use. According to the user selection of the MS the request for authentication and required QAA level of the service are sent from MS B PEPS to MS A PEPS (the latest being MS which was selected by the user). The MS A PEPS then provides the user with a list of eIDs that are suitable for the authentication as they satisfy condition of required QAA level. The user selects eID he/she wants to authenticate with. The validation of the provided eID is then carried out based on MS A specific interaction with the user. Upon successful validation of the eID, MS A PEPS creates assertion with the authentication statement and a unique, minimum, persistent representation of the user’s identity and sends this assertion to MS B PEPS. The latter first validates received assertion. Conversion of the received assertion and transmission of received data to SP is carried out according to MS B procedure. The user is finally authenticated with the MS B SP and can proceed with the use of service.  STORK-eID Consortium Page 5 of 18
  • 6. D4.1 Interim Report on eID Process Flows 03/03/2009 Figure 2 presents MS specific validation of the user’s eID as mentioned in the description of Figure 1. There are at least two options for validation, as presented in Figure 2. In the first option the user selects from the list provided by MS A PEPS for authentication for example digital certificate. MS A PEPS forwards request for the validation of the certificate to the IDP which has issued the certificate. In the second case the user select eID from the list that is provided by MS A PEPS, according to the selection the user receives the request for authentication directly from the IDP (for example to enter user name and password). Upon entering user name/password the identity is validates at IDP. Figure 3 presents process flow for cross border authentication where the user wants to authenticate with the smart card and SP country uses PEPS approach. Again the authentication process flow is divided into three phase, the same as presented in Figure 1. The user starts the authentication process by selecting to authenticate with the SP provided by MS B. SP sends the request for authentication and the information of the QAA level that it requires to MS B PEPS. The MS B PEPS then asks the user which MS issued the eID he is planning to use for the authentication and provides a list of MS. The user selects from the list the MS which eID he/she plans to use. According to the user selection of the MS the request for authentication and required QAA level of the service are passed to Virtual IDP of the MS selected by the user (let us suppose this is MS A). Note that Virtual IDP of MS A is hosted by MS B. Virtual IDP checks if the eID (smart card) of MS A satisfies the QAA level required by SP. If yes, the authentication request is redirected from MS A Virtual IDP to MS A middleware, which ask the user to provide the token. This is followed by the MS specific interaction with the user needed for validation of provided eID. If the validation is successful, Virtual IDP creates assertion with the authentication statement which is then sent to MS B PEPS. The latter first validates received assertion. Conversion of the received assertion and transmission of received data to SP is then carried out  STORK-eID Consortium Page 6 of 18
  • 7. D4.1 Interim Report on eID Process Flows 03/03/2009 according to MS B procedure. The user is finally authenticated with the MS B SP and can proceed with the use of service.  STORK-eID Consortium Page 7 of 18
  • 8. D4.1 Interim Report on eID Process Flows 03/03/2009  STORK-eID Consortium Page 8 of 18
  • 9. D4.1 Interim Report on eID Process Flows 03/03/2009 3 Legal Questions to Member States Two sets of legal questions were sent to the suppliers: These can be seen below: 3.1 First set of legal questions Q1: Is the administration that is the data controller, within the context of the STORK pilots, legally allowed to share data with a third party across borders with user consent? Q2: For the service provider, what obligations are there about data access by the subject to update, see, delete etc? What are the requirements relating to storage and destruction? What restrictions exist on subsequent use of the data? Does the data have to be deleted at the end of the pilot? Q3: In the case of the unique identifying number, what is the answer to the same questions in Q.2 above? Q4: Within the same Member State, where a computer server containing the relevant information is run by a separate organization to the authority who needs to confirm the identity information given, can that authority access the data for the use of a cross border service? Q5: What legal restrictions, if any, relate solely to the electronic component of sending data from one Member State to another? Q6: Is there a difference if the control of the electronic transfer of data is run by the private sector? Q7: Is the administration that is the data controller, within the context of the STORK pilots, legally allowed to share data across borders without user consent? Q8: What are the specifics involved in providing informed consent? Q9: Is there a legal difference between a person having control of the data during the transactions envisaged in the pilot and the subject giving consent to the transfer of data but not having control over the transaction?  STORK-eID Consortium Page 9 of 18
  • 10. D4.1 Interim Report on eID Process Flows 03/03/2009 Q10: Can a user give consent or be said to be in control if they cannot read the data in question because it is encrypted? Q11: Is the answer to the above question different if there is a simultaneous sending to the user in plain text with a statement that this is the same information as placed within the encryption? 3.2 Second set of legal questions Item Question Authentic The identity of the controller has to be specified, as well as the purposes for the data source principle collection (articles 6 and 10, DPD). Data minimisation has to be observed (art. 6) and data should be accurate and up to date. These requirements may be difficult to meet in cases where no direct access is available to reliable data sources (such as authentic registries). These mean a dataset that allows the data subject to be uniquely identified (i.e. an identifier). 1. Which attributes are controlled by the users on using their passwords or PINs? All data that are in the token Part of the data that are in the token They do not need any password or PIN: data are freely accessible. Other (mention it) eSignatures A certificate is an electronic attestation, which links signature-verification data to a person Directive & and confirms the identity of that person. "Qualified certificate" meets the requirements laid Credentials down in Annex I of eSignature Directive and is provided by a certification-service-provider who fulfils the requirements laid down in Annex II of the Directive. By definition, authentication certificates, can be used to authenticate the holder (confirm the identity); because qualified certificates are issued (involving face-to-face verification procedures of the claimant/citizen) and verified in a more tightly controlled process than for other (advanced) certificates as outlined in Directive Annexes: the proof is stronger (assurance level is higher). Member states may also determine for which purpose a particular certificate may be used. Most differentiate between the authentication certificate and the non-repudiation digital signature and consider it undesirable that the authentication certificate is used for signature purposes and vice versa... It is up to the individual member states to determine whether they accredit certification-service providers and give them the right to issue qualified certificates and whether their eIDs make use of qualified certificates or other certificates.  STORK-eID Consortium Page 10 of 18
  • 11. D4.1 Interim Report on eID Process Flows 03/03/2009 Item Question The basic legal effects of these QC's is handled by the e-signature Directive and its transposition in national legislation. The liability in the case of Qualified certificates rests on the CA (but also certain limitations.) that issued the certificate, whereas this is more complicated for non qualified certification-service providers. These are likely to have provisions (waiving) regarding their liability in their terms of service. Because there are potentially, many certification-service providers this may lead to a complicated mesh of different liability regimes. 2. In your country, which is more formal from the legal point of view to verify a private person identity? Using a authentication QC Using a signing QC Both have the same legal validity. Other (mention it) Privacy Applications Services should Yield indispensable data than is strictly necessary for the Directive purposes of the application or service. 3. Has the user to sign an offline or online contract with the service provider for the pilots? Alternatively, the user has only to accept/disclaimer page in the website? Yes, online Yes, offline No, only an online disclaimer No, only an offline disclaimer Do not known Other (mention it) 4. With informed user consent, are identification data attributes collected to the minimum necessary (adequate, relevant and non-excessive)? Yes, only what we need No, we get more data than are usually need No, only an online disclaimer No, only an offline disclaimer Do not known Other (mention it)  STORK-eID Consortium Page 11 of 18
  • 12. D4.1 Interim Report on eID Process Flows 03/03/2009 Item Question 5. Has been the data acquisition process checked to confirm the previous affirmative answer? Yes No Do not known Other (mention it) 6. Do the Directive implementation or any MS law (National Register Acts, Identity Card Acts, eGovernment Acts, and so forth) restrict the use of identifiers (numeric or data attributes combinations) to link it to the person? Yes, (mention it) No Do not known Other (mention it) 7. In case that linking identifiers to privates persons would be restricted, could they be used “virtual” identifiers? Yes No Do not known Other (mention it) Services The recent Services Directive of 12 December 2006 (to be transposed by the Member States Directive by 28 December 2009) might have effect on facilitating the interoperability of information Applicability to systems and use of procedures by electronic means between service providers. In some the issue of cases, relying parties may want to obtain more attributes from a claimant than present in the presented eID, or they may want to establish an attribute at a higher level of assurance identity than offered by the eID (e.g., the address, and even name, present on a smart card may be management outdated). In many of the member states studied, There are authentic registers that offer authorised entities access to authentic data pertaining to citizens. 8. Are there any eGov or private service implementation in your country for serving additional data not present in the eID? Yes, (mention it)  STORK-eID Consortium Page 12 of 18
  • 13. D4.1 Interim Report on eID Process Flows 03/03/2009 Item Question No Do not known Other (mention it) 9. If yes, could it be accessed (freely or on previous agreement) from any other MS? Yes No Do not known Other (mention it) Item Question Identifiers Authentication (identification process) has been defined above as ‘the corroboration of the claimed identity of an entity or of a set of its observed attributes’. A distinction should Identifiable therefore be made between two situations: data- identifiers 1. Authentication of the status: entity must have specific required quality, it is not in the surveyed necessary for an application to know who a specific entity is, exactly. The countries application determines the entity’s status, not his/her identity. 2. Authentication of the identity: application needs to authenticate the entity by determining his/her exact identity. Thus, authentication can sometimes be done by merely establishing a quality (case 1), or by determining the precise identity of an entity (case 2). In both cases, the final goal would obviously be served by presenting any and all attributes regarding a specific entity. By definition, determining an identity uniquely requires the use of a unique identifier. Understanding it as ‘an attribute or a set of attributes of an entity which uniquely identifies the entity within a certain context’. Identifiers reference to a unique object used by an entity to be uniquely represented within the specific context of the object; the validity of the identifier is limited to the entity and object lifecycle; examples are passport numbers, credit card numbers, identity card numbers, driver’s licence numbers; the validity of a identifier may depend on a number of factors (e.g., context, time. For pilots, it should be possible to create a new identifier on the basis of a national identifier by means of a one-way transformation function and use this new number as the identifier in the relying party's system. Presently, this is similar to how derived identifiers are created in some Member States. 10. Can unique identifiers or a set of identifying attributes data from foreign claimants be legally stored in eGovernment transaction process? Yes,  STORK-eID Consortium Page 13 of 18
  • 14. D4.1 Interim Report on eID Process Flows 03/03/2009 Item Question No, Do not known Other (mention it) Unambiguous User consent will not be too problematic when data is provided by the claimant directly consent of the (e.g., in an online form), or when data can be obtained from a certificate presented by the data subject claimant (for instance, taken from a certificate on a smart card inserted into a reader (the claimant). attached to the divide the claimant uses in the interaction). It becomes more complicated when the service provider (relying party) needs to obtain additional data, such as (certified) attributes and these can be, or even have to be obtained, from other sources than the user. In some cases, it may be possible, for instance, to collect the data from authentic registers in the claimant home member state. In these cases, also consent of the user may be required in order to make the processing legitimate. 11. What part of the current information of an eID can be use on electronic format directly by an application, through the owner consent? (to tick one or more as necessary, double-click and activate): All data in electronic format Part of the data in electronic format ( please, list them here) Only the data that can be read by humans on the support token None 12. In your country, online user consent for data contained on an eID is usually understood as: (to tick one or more as necessary, double-click and activate): Accessing user data (generally using PIN) and showing them to the user. Accessing user data (generally using PIN). There is NO need to show them to the user, it is supposed they what they are. User consent is granted through established online Policy, as user interacts with the site. . User consent is granted through a contract other (explain it in short) 13. Has the user available some other data in electronic format (from any public or private source) that may complement the one in the eID? (to tick one or more as necessary, double-click and activate):  STORK-eID Consortium Page 14 of 18
  • 15. D4.1 Interim Report on eID Process Flows 03/03/2009 Item Question Only public eGovernment Only private provider service Both kind of services Actually, There is no available service for the moment other (name it): 14. Is there a previous user consent explicitly established by any law or regulation or depends from the ad-hoc user consent (to tick one or more as necessary, double-click and activate): Previous legal user consent Previous contractual service user consent Ad-hoc ( user has to give consent every time) other (name it): Authentication Obviously, this issue is only relevant in the broader context of identity management, but not vs. Consent when examining the narrower issue of authentication as such. After all, authentication by definition will be initiated by the data subject himself/herself, so that the only issue of consent is the determination of the data set required for authentication purposes. 15. Usually, the user consent must be given unequivocally. When registering for using online services (public or private) the user consent is given implicitly or must be given explicitly (online agreement “accept”, physical legal contract etc..)? Usually, there is an online contract. Usually, there is an offline physical contract Usually, there is an accepting disclaimer notice There are not any online or offline notice do not known Other (mention it) Attribute data In some cases, relying parties may want to obtain more attributes from a claimant than source present in the presented eID, or they may want to establish an attribute at a higher level of assurance than offered by the eID (e.g., the address, and even name, present on a smart card may be outdated). In many of the member states studied there are registers that offer authorised entities access to authentic data pertaining to citizens.  STORK-eID Consortium Page 15 of 18
  • 16. D4.1 Interim Report on eID Process Flows 03/03/2009 Item Question 16. Does the nationality being obtained directly or with PIN from the eID by an application program (to tick one or more as necessary, double-click and activate): No, there is no nationality data No, nationality data is no machine-readable. It is “printed”. Yes, nationality data is accessible by program. 17. Which obligations and/or restrictions apply to updating, deleting storing, destructing etc…, for stored data from a service provider, controller or processor point of view? They are implemented as recommended from the DPD and grouped into security documents that need to fulfil the established conditions. Even, the can be reflected on contract. They are implemented as recommended from the DPD, but there is no formal document, as mentioned above, but they also may be reflected on contract. Security measures do not depend directly on DPD implementation other (explain it in short) Incident It seems reasonable that each participating member state should review their respective Handling legislations, because DPD transposition may arise some issues on incident handling: incident, notification and administration procedures should exist, and any incidences, that may affect the personal data, must be registered. Therefore, it is possible that cross- countries incidences must raise and the owners of the systems/files from the affected countries need to be aware. Perhaps, this foresees an international incident handling procedure that must be agreed on by all participating MS. 18. Is DPD transposition on your country aware of this responsibility for data controller? Yes No. do not know Other (mention it) 19. Does raise DPD transposition on your country the security need of an incident  STORK-eID Consortium Page 16 of 18
  • 17. D4.1 Interim Report on eID Process Flows 03/03/2009 Item Question handling procedure when data treatment for the data controller is done by a processor in other MS? Yes No. do not know Other (mention it) 20. Data transferring is between a controller and a processor depends on a contract. Is incident notification directly regulated by the contract or it depends on the DPD transposition implementation? Incident handling depends on only contract Incident handling depends on, both contract and DPD transposition Incident handling depends only contract DPD transposition do not know Other (mention it)  STORK-eID Consortium Page 17 of 18
  • 18. D4.1 Interim Report on eID Process Flows 03/03/2009 4 Project Plan  STORK-eID Consortium Page 18 of 18