Legal regulation of photo identification in Action. Signature

As stated on the official Action website, Action.Signature is a qualified electronic signature that you can use to sign documents in Action and Online.

You can get it if you have an ID card or biometric passport in the Action application.

Action. Signature and electronic document are convenient and reliable tools for working with information in electronic form.

Term of Action. Signature - one year or until its removal. Creating an Action. Signature is a free service.

How to get an Action.Signature?

1. Log in to the Action application.
2. Go to "Menu" - "Action. Signature".
3. Click "Create".
4. Verify by photo verification, NFC or BankID.
5. Come up with a 5-digit code for Action.Signature.

Thus, one of the stages of obtaining a qualified electronic signature through the Action application is, inter alia, confirmation of identity through a photo. Let's analyze the legal regulation of photo identification in Action.signature.

Thus, a qualified electronic signature is an advanced electronic signature that is created using a qualified electronic signature and is based on a qualified public key certificate (Article 1 of the Law on Electronic Trust Services).

In addition, an advanced electronic signature is an electronic signature created as a result of cryptographic conversion of electronic data to which this electronic signature is associated, using an advanced electronic signature tool and a private key uniquely associated with the signer, which allows electronic identification of the signatory and identify violations of the integrity of electronic data to which this electronic signature is related (Article 1 of the Law "On electronic trust services").

Identification of a person - a procedure of using a person's identification data from documents created on physical media and / or electronic data, as a result of which unambiguous identification of a natural, legal person or representative of a legal entity is provided (Article 1 of the Law on Electronic Trust Services).

Identification data of a person is a unique set of data that allows to unambiguously identify an individual, legal entity or representative of a legal entity (Article 1 of the Law "On electronic trust services").

However, no normative document provides a clear answer to the question of how it is possible to unambiguously link an electronic signature with a signatory, including how the issue of identity verification through photo verification is regulated. In addition, electronic identification schemes, the existence of which is conditioned by Article 14 of the Law on Electronic Trust Services, have not yet been approved.

Electronic identification is carried out by means of electronic identification, which fall under the scheme of electronic identification approved by the Cabinet of Ministers of Ukraine (Article 14 of the Law "On electronic trust services").

Pursuant to the second part of Article 6 of the Law of Ukraine “On Electronic Trust Services”, the Cabinet of Ministers of Ukraine by its Resolution of June 19, 2019 №546 approved the Regulations on Integrated Electronic Identification System, which defines the procedure creation and use.

The Regulation defines an integrated electronic identification system (hereinafter - the system) - information and telecommunications system, which is designed to technologically provide convenient, accessible and secure electronic identification and authentication of system users, compatibility and integration of electronic identification schemes, their interaction with official websites. web portals), information systems of public authorities, local governments, legal entities and individuals - entrepreneurs, ensuring the protection of information and personal data using uniform requirements, formats, protocols and classifiers, as well as meeting other needs defined by law.

At the same time, the State Agency for e-Government of Ukraine developed the Resolution of the Cabinet of Ministers of Ukraine "On approval of electronic identification schemes" and on August 20, 2019. sent for consideration to the Ministry of Economic Development and Trade of Ukraine, the Ministry of Finance of Ukraine, the Administration of the State Service for Special Communications and Information Protection of Ukraine, the Ministry of Internal Affairs of Ukraine, the State Regulatory Service of Ukraine, the National Bank of Ukraine. However, the draft resolution was left without consideration due to violation by the developer of the requirements of Article 21 of the Law of Ukraine "On Principles of State Regulatory Policy in the Sphere of Economic Activity".

At the same time, according to Article 15 of the Law on Electronic Trust Services, the electronic identification scheme must establish high, medium or low levels of trust in the electronic identification means used in them. The electronic identification scheme is determined by the Cabinet of Ministers of Ukraine. The use of qualified electronic signatures and seals provides a high level of trust in electronic identification schemes.

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