The Digital ID Bill 2023 was introduced into the Senate on 30 November 2023.

UPDATE: Passed by Senate on 27 March 2024. It is subject to passage by the House of Representatives.

UPDATE: Passed by House of Representatives on 16 May 2024 and Royal Assent given on 30 May 2024.

Digital IDs are intended to provide people with a convenient, re-usable way to verify who they are when transacting online, without having to repeatedly provide copies or details of their most sensitive ID documents.

While digital identities are already provided by the Government (see https://www.digitalidentity.gov.au/) the Bill will:

• legislate and strengthen a voluntary Accreditation Scheme for digital ID service providers that wish to demonstrate compliance with best practice privacy, security, proofing and authentication standards;
• legislate and enable expansion of the Australian Government Digital ID System (AGDIS) for use by the Commonwealth, State and Territory governments and eventually private sector organisations;
• embed strong privacy and consumer safeguards, in addition to the Privacy Act 1988 (Cth) to ensure users are protected; and
• strengthen governance arrangements for the Accreditation Scheme and the AGDIS, including by establishing the Australian Competition and Consumer Commission (ACCC) as the Digital ID Regulator, and expanding the role of the Information Commissioner to regulate privacy protections for digital IDs. Both these regulators will have a broad range of powers under the Bill, including to issue civil penalties.

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Author: David Jacobson
Principal, Bright Corporate Law
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About David Jacobson
The information contained in this article is not legal advice. It is not to be relied upon as a full statement of the law. You should seek professional advice for your specific needs and circumstances before acting or relying on any of the content.