The Government has introduced the Identity Verification Services Bill 2023 into the House of Representatives to authorise the Government’s ability to provide three kinds of identity verification for digital identity service providers: a document verification service, an identity verification service and a driver licence facial verification service.

UPDATE: The Bill was passed by both Houses on 7 December 2023, with additional privacy safeguards.

UPDATE: Royal Assent given on 14 December 2023.

The Bill will:

• authorise 1:1 matching of identity through the identity verification services, with consent of the relevant individual, by public and private sector entities. This will be enabled by:
  
  • the Document Verification Service (DVS) which provides 1:1 matching to verify biographic information (such as a name or date of birth), with consent, against government issued identification documents;
  • the Face Verification Service (FVS) which provides 1:1 matching to verify biometric information (in the case of a photograph or facial image of an individual), with consent, against a Commonwealth, state or territory issued identification document (for example, passports and driver licences); and
  • the National Driver Licence Facial Recognition Solution (NDLFRS) which enables the FVS to conduct 1:1 matching against State and Territory identification documents such as driver licences.
• authorise 1:many matching services through the Face Identification Service only for the purpose of protecting the identity of persons with a legally assumed identity, such as undercover officers and protected witnesses. The protection of legally assumed identities will also be supported by the use of the FVS. All other uses of 1:many matching through the identity verification services will not be authorised, and will therefore be prohibited.
• authorise the Attorney-General’s Department – to develop, operate and maintain the identity verification facilities (the DVS hub, the Face Matching Service Hub and the NDLFRS).
  These approved identity verification facilities will be used to provide the identity verification services. These facilities will relay electronic communications between persons and bodies for the purposes of requesting and providing identity verification services.

The Bill ensures that the operation the identity verification services and requests for the use of those services are subject to privacy protections and safeguards.

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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.