Many cultural texts warn against increasing technological momentum, but also present the benefits of it. There is no doubt that we are becoming increasingly "digital", which changes our lives and also makes it easier. Apparently the Ministry of Digitization, which in the Project Act on Application, came out of a similar assumption mObywatel[1] (hereafter also referred to as: The bill) wants, among others, to align the electronic identity card with the "traditional" one.
The bill sets out the rules for the operation and use of public software used for the provision and provision of services intended for mobile devices whose users are individuals (i.e. applications) mObywatel. Under Article 3(1) lists the obligations of the Minister responsible for computerisation related to the application. These are:
- maintenance, making available and ensuring the development of applications mObywatel,
- ensuring the operation of the IT system by which processes related to the operation of the application are handled mObywatel and services provided and provided in this application,
- ensuring the security and integrity of data transmitted between the application mObywatel, the information and information systems of service providers in this application,
- provision of tools to confirm the validity, integrity and origin of electronic documents supported by application services mObywatel, including mobile device applications – mVerifier,
ensure, using the electronic system, the operation and the possibility of using and verifying a certificate enabling:
- confirmation of the validity, integrity and origin of electronic documents,
- identification and authentication of the application user mObywatel in online services.
At the same time, the Minister responsible for IT can provide the service provider in the application mObywatel the possibility to keep records of electronic documents related to the provision of the service using the electronic system.
What services are provided in the application mObywatel? According to Article 2(1) The draft law, these are services that enable in particular:
the collection, storage, presentation and transmission, using a mobile device, of an electronic document containing data collected from a public register or from a public entity's electronic system:
- necessary personal data of this user,
- data on the legal situation of the user or the rights of the user,
- data enabling the identification of the user-related items,
- data on the legal situation of the person to whom that user is a parent or legal guardian, or the rights of that person,
- the transmission of data which have been downloaded by the user of the application from the public register or from the electronic system, to another service provider in that application,
- identification and authentication in the online service provided by the public body concerned under Article 2[2] Act dated 17 February 2005 information on the activities of public entities (Journal of Laws of 2021, items 2070, 1087),
- making electronic payments related to the services provided in this application,
use of the mobile device in the identification and authentication process in the online service as one of the authentication factors for the trusted profile referred to In the Act dated 17 February 2005 information about the activities of entities carrying out public tasks.
In addition, according to Article 2(3) Draft Act, Minister responsible for IT provides a service allowing the user of the application mObywatel to use an electronic document containing the data collected from the records: first or first name, surname, PESEL number, date of birth, photograph. Such a document may also contain additional data listed Under section 4 that article. Provisions are important Article 2(6) and (7) The bill, which reads as follows:
„6. Where a provision of the law requires proof of identity to be provided for proof of identity, that obligation shall be deemed to have been fulfilled by the use of the document in question. Under section 3.
If the rule of law requires the number or series of documents on the basis of which the Polish nationality or the identity of the natural person is established, if the document in question is used Under section 3, that obligation shall be deemed to have been fulfilled by the number and series of identity cards set out in that document if the document contains such data.’
Thus, the planned law will align the use of the document from the application mObywatel with an ID.
As can be seen in the explanatory memorandum to the bill: “The purpose of the legislation is to ensure that identity can be confirmed using the application mObywatel in all cases where the use of the identity document, in particular the identity card, is currently acceptable.
Therefore, the draft also contains a legal standard stating that, where a provision of law requires proof of identity to be provided to confirm identity, that obligation shall be deemed to have been fulfilled by the use of the document. mObywatel.”[3].
Is that a good direction? It will certainly make life easier for many citizens, given how popular the app is (in 2021 used it before. 4,000,000 citizens). At the same time, it poses additional challenges related to the verification of the documents concerned.
[1] Application Act mObywatel, project dated 3 June 2022
[2] i.e. e.g. government administration, state control and law enforcement authorities, courts, organisational units of the prosecution, local government units and their bodies.
[3] Both the bill and the justification can be found on the Government Legislative Centre website: https://legislacja.rcl.gov.pl/projekt/12360454/katalog/12885018#12885018
Author: Michał Zdanowski
Tax consultant At Russell Bedford Poland. Graduate of the Faculty of Law and Administration of the University of Warsaw, Graduate of the Postgraduate Tax and Tax Law Studies of the University of Warsaw, Graduate of the Postgraduate Accounting and Finance Studies of the Warsaw School of Economics. During his studies, he gained experience in law and tax law firms. Since September 2013 is associated with the law firm Russell Bedford Poland. It specialises in documenting transactions between related parties.