The Legal Framework for National Identification Card: Comparative Law Aspect

The national identity card is one of the alternative modes to establish the centralized system of electronic identities. The eID card might be regarded in two aspects. Firstly, the social value of eID cards derives from the concept of service state, which underlies the realization of mechanisms of e-government and aims at serving the needs of citizens by creating stronger rapport and modernizing the relations inside the state apparatus itself. Meanwhile, eID cards might menace the right to a private life, personal data, and freedom of contract. Balancing between public interests and personal ones is the best solution to render eID cards system socially valuable to the utmost extent. EID cards might also be viewed through the lens of electronic identities system. The electronic identity is a set of attributes of a person. There exist two approaches: multiple identities and “one identity for one person”. Creating the framework for eID cards, one should base upon the eminent principles: mutual recognition of national identities; freedom to choose the way of getting public services; technological neutrality. Comparative analysis of the foreign legislation on eID cards reveals, above all, the range of issues and best practices pertaining to the establishment of eID cards system. In Appendix the model structure of law on electronic identity cards is presented.