Abstract

While ‘classical’ human identity has kept philosophers busy since millennia, ‘Digital Identity’ seems primarily machine related. Telephone numbers, E-Mail inboxes, or Internet Protocol (IP)-addresses are irrelevant to define us as human beings at first glance. However, with the omnipresence of digital space the digital aspects of identity gain importance. In this submission, we aim to put recent developments in context and provide a categorization to frame the landscape as developments proceed rapidly. First, we present selected philosophical perspectives on identity. Secondly, we explore how the legal landscape is approaching identity from a traditional dogmatic perspective both in national and international law. After blending the insights from those sections together in a third step, we will go on to describe and discuss current developments that are driven by the emergence of new tools such as ‘Distributed Ledger Technology’ and ‘Zero Knowledge Proof’. One of our main findings is that the management of digital identity is transforming from a purpose driven necessity towards a self-standing activity that becomes a resource for many digital applications. In other words, whereas traditionally identity is addressed in a predominantly sectoral fashion whenever necessary, new technologies transform digital identity management into a basic infrastructural service, sometimes even a commodity. This coincides with a trend to take the ‘control’ over identity away from governmental institutions and corporate actors to ‘self-sovereign individuals’, who have now the opportunity to manage their digital self autonomously. To make our conceptual statements more relevant, we present several already existing use cases in the public and private sector. Subsequently, we discuss potential risks that should be mitigated in order to create a desirable relationship between the individual, public institutions, and the private sector in a world where self-sovereign identity management has become the norm. We will illustrate these issues along the discussion around privacy, as well as the development of backup mechanisms for digital identities. Despite the undeniable potential for the management of identity, we suggest that particularly at this point in time there is a clear need to make detailed (non-technological) governance decisions impacting the general design and implementation of self-sovereign identity systems.

Highlights

  • As mankind continues its journey through the Digital Age our lives are increasingly becoming compositions of our offline and online activities

  • As the UN has acknowledged throughout its work on privacy in the digital age, privacy has an enabling character allowing the individual to develop its views on the world and itself (United Nations, 2016, p. 2)

  • When analyzing how responsibilities of controllers could be applied for operating Bitcoin in the regulatory framework of the European Union (EU) General Data Protection Regulation (GDPR), there remain uncertainties whether the collective—as partnership—is responsible within the meaning of Article 4 paragraph 7 GDPR, or its individual members are joint controllers under Article 26 GDPR (Buocz et al, 2019, p. 196)

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Summary

Introduction

As mankind continues its journey through the Digital Age our lives are increasingly becoming compositions of our offline and online activities. E-Mail inboxes, or Internet Protocol (IP)addresses seem to be irrelevant to define us as human beings at first glance. The omnipresence of digital technology and its use to control, and shape society result in the need to reconsider our world and ourselves as beings (Galicet al., 2017). When looking at these changes from a holistic perspective, it is almost natural to deduct that this digital space as parallel space does not mirror existing governance structures, power relations, human rights, and legal obligations. It is governmental surveillance and “nudging” that shapes our digital identities right from the start, there is “surveillance capitalism” It is governmental surveillance and “nudging” that shapes our digital identities right from the start, there is “surveillance capitalism” (Zuboff, 2019, p. 11–12)

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