The New South Wales government’s ambitious digital identity scheme needs legislated guardrails because of the high-risk facial recognition technologies it relies on, experts have warned.
Researchers at the UTS Human Technology Institute (HTI), including former Human Rights Commissioner Professor Ed Santow, on Monday released details of a proposed governance framework for the scheme.
The experts have developed the framework in a novel partnership with government and say it must now be put in place to inform supporting legislation and policy ahead of a wider roll out.
Last year the state government committed to introducing a digital ID after having spent two years exploring the possibility.
The state’s system is the most advanced in Australia, having already been trialled in small groups, but progress has slowed under the new government, which says it remains committed to digital ID and digital credentials.
The NSW Digital ID relies on facial verification and liveness detection technologies for users to prove who they are.
“These technologies can pose risks for human rights, such as privacy and non-discrimination, and these risks need to be well managed through good system design, strong legal protections and effective training,” Professor Santow said.
Through a collaboration with the government and with the support of the James Martin Institute for Public Policy, Professor Santow and colleagues Sophie Farthing and Lauren Perry have developed a governance framework for the scheme run by Service NSW.
The number one principle is that Digital ID NSW be established in law to both protect the state scheme and set a benchmark for other jurisdictions.
No state legislation for digital ID has been revealed yet.
The federal government late last month introduced its legislation to regulate and expand its digital identity scheme, which is expected to eventually incorporate state schemes. It sets tougher privacy requirements and empowers regulators to monitor and enforce the scheme.
The Human Technology Institute has recommended independent monitoring and oversight for the state scheme as well.
It also recommends that Service NSW be required to put in place robust internal monitoring schemes and to publicly report on relevant independent benchmarking and technical standards compliance.
NSW Digital Government minister Jihad Dib, who has ordered a new digital strategy and backed the continuation of digital credentials linked to the IS system but stayed mostly quite on Digital ID, said privacy and security are paramount.
“As our work evolves there is great value in having an open conversation with leading experts about the way we deliver this technology to help communities understand the value and assure them of the steps we are taking to build trust in the community around Government services and digital ID initiatives,” he said.
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