Legal update from Practical Law Commercial: Commonwealth government releases exposure draft of the Trusted Digital Identity Bill 2021 (Cth)
The Commonwealth government has recently commenced the final phase of its public consultation process for a new digital identity system for Australia with the release of the exposure draft of the Trusted Digital Identity Bill 2021 (Cth). In addition to the proposed legislation, the government is also seeking submissions on:
- Exposure draft, Trusted Digital Identity Framework accreditation rules.
- Exposure draft, Trusted Digital Identity rules.
- Consultation, Regulation impact statement.
This legal update provides an overview of the proposed digital identification regulatory scheme including the Trusted Digital Identity accreditation framework for digital identity service providers and the requirements for accredited entities to participate in the Trusted Digital Identity System. In addition, it considers specific aspects of the regulatory scheme including privacy protections, consumer consent and participation, access and storing of digital identity information outside of Australia and compliance and enforcement provisions under the proposed regulatory scheme. The Digital Transformation Agency is accepting submissions until 27 October 2021.