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        The GDPR, A game changer for electronic identification schemes? The case study of Gov.UK Verify

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        pearce_et_al_aam.pdf (PDF, 666Kb)
        Author
        Stalla-Bourdillon, Sophie
        Pearce, Henry
        Tsakalakis, Niko
        Attention
        2299/20872
        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. It 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.
        Publication date
        2018-08-01
        Published in
        Computer Law & Security Review
        Published version
        https://doi.org/10.1016/j.clsr.2018.05.012
        Other links
        http://hdl.handle.net/2299/20872
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