The GDPR, A Game Changer for Electronic Identification Schemes? The Case Study of Gov.UK Verify

Computer Law and Security Review, Forthcoming

45 Pages Posted: 21 Jun 2018 Last revised: 23 Sep 2018

See all articles by Sophie Stalla-Bourdillon

Sophie Stalla-Bourdillon

Vrije Universiteit Brussel (VUB); University of Southampton

Henry Pearce

University of Southampton; University of Portsmouth

Niko Tsakalakis

University of Southampton, Institute for Law and the Web (ILAWS)

Date Written: April 28, 2018

Abstract

This article offers an interdisciplinary analysis of the General Data Protection Regulation (GDPR) in the context of electronic identification schemes. Gov.UK Verify, the UK Government’s electronic identification scheme, and its compatibility with some important aspects of EU data protection law are reviewed. An in-depth examination of Gov.UK Verify’s architecture and the most significant constituent elements of both the Data Protection Directive and the imminent GDPR – notably the legitimising grounds for the processing of personal data and the doctrine of joint controllership, highlight several flaws inherent in the Gov.UK Verify’s development and mode of operation. This article advances the argument that Gov.UK Verify is incompatible with some major substantive provisions of the EU Data Protection Framework. It also provides some general insight as to how to interpret the requirement of a legitimate legal basis and the doctrine of joint controllership and ultimately suggests that the choice of the appropriate legal basis should depend upon a holistic approach to the relationship between the actors involved in the processing activities.

Keywords: Data Protection, Electronic Identification, GDPR, Gov.UK Verify, Joint Controllership, Legal Bases

Suggested Citation

Stalla-Bourdillon, Sophie and Pearce, Henry and Pearce, Henry and Tsakalakis, Niko, The GDPR, A Game Changer for Electronic Identification Schemes? The Case Study of Gov.UK Verify (April 28, 2018). Computer Law and Security Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3184602

Sophie Stalla-Bourdillon (Contact Author)

Vrije Universiteit Brussel (VUB) ( email )

Pleinlaan 2
http://www.vub.ac.be/
Brussels, 1050
Belgium

University of Southampton ( email )

University Rd.
Southampton SO17 1BJ, Hampshire SO17 1LP
United Kingdom

Henry Pearce

University of Southampton ( email )

University Rd.
Southampton SO17 1BJ, Hampshire SO17 1LP
United Kingdom

University of Portsmouth ( email )

University House
Winston Churchhill Avenue
Portsmouth, Hampshire PO1 2UP
United Kingdom

Niko Tsakalakis

University of Southampton, Institute for Law and the Web (ILAWS) ( email )

University Road
Southampton
United Kingdom

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