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Digital Identity Infrastructures: a Critical Approach of Self-Sovereign Identity

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Abstract

The shift from electronic identification to digital identity is indicative of a broader evolution towards datafication of identity at large. As digital identity emerges from the fringes of technical challenges towards the legal and socio-technical, pre-existing ideologies on the reform of digital identity re-emerge with a newfound enthusiasm. Self-sovereign identity is one representative example of this trend. This paper sets out to uncover the principles, technological design ideas, and underlying guiding ideologies that are attached to self-sovereign identity infrastructures, carrying the promise of user-centricity, self-sovereignty, and individual empowerment. Considering the flourishing of digital identity markets, and the subsequent institutional interest on a European level in the techno-social promises that this identity architecture carries, this paper explores how the implementation of EU-wide self-sovereign identity shifts the already existing historical power balances in the construction of identity infrastructures. In this contribution, we argue that the European-wide adoption of self-sovereign ideals in identity construction does not address the shortcomings that identity and identification have historically faced and that instead of citizen empowerment, it puts individuals (a category broader than citizens) in a rather vulnerabilized position.
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Digital Society (2023) 2:18
https://doi.org/10.1007/s44206-023-00049-z
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ORIGINAL PAPER
Digital Identity Infrastructures: aCritical Approach
ofSelf‑Sovereign Identity
AlexandraGiannopoulou1
Received: 9 June 2022 / Accepted: 20 April 2023
© The Author(s) 2023
Abstract
The shift from electronic identification to digital identity is indicative of a
broader evolution towards datafication of identity at large. As digital identity
emerges from the fringes of technical challenges towards the legal and socio-
technical, pre-existing ideologies on the reform of digital identity re-emerge with
a newfound enthusiasm. Self-sovereign identity is one representative example
of this trend. This paper sets out to uncover the principles, technological design
ideas, and underlying guiding ideologies that are attached to self-sovereign iden-
tity infrastructures, carrying the promise of user-centricity, self-sovereignty, and
individual empowerment. Considering the flourishing of digital identity mar-
kets, and the subsequent institutional interest on a European level in the techno-
social promises that this identity architecture carries, this paper explores how the
implementation of EU-wide self-sovereign identity shifts the already existing
historical power balances in the construction of identity infrastructures. In this
contribution, we argue that the European-wide adoption of self-sovereign ideals
in identity construction does not address the shortcomings that identity and iden-
tification have historically faced and that instead of citizen empowerment, it puts
individuals (a category broader than citizens) in a rather vulnerabilized position.
Keywords Digital identity· Self-sovereign identity· Trust· Blockchain· Control
* Alexandra Giannopoulou
a.giannopoulou@uva.nl
1 University ofAmsterdam, Institute forinformation law (IViR), Amsterdam, theNetherlands
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1 Introduction
When Cambridge Analytica’s data-extractive business practices were revealed in 2018,1
the online identities of more than 80 million Facebook users had already been compro-
mised (Brescia, 2021). More recently, the newly installed Taliban government in Afghani-
stan has reportedly taken control of the digital identity infrastructure e-Tazkira,2 a biom-
etric identity card used by Afghanistan’s National Statistics and Information Authority,
which includes fingerprints, iris scans, and a photograph, as well as voter registration
databases. What these two examples share is that they exemplify two distinct digital iden-
tity infrastructures, which concern different facets of what we consider identity, and that
they highlight some of the complexities arising from its ensuing -inevitable- digitization.3
These examples are representative of security risks that can occur at a scale and speed
previously unattainable (Beduschi, 2021), especially when digital identities escape the
context for which they were created.
The acceleration in the design of digital identity solutions solidifies the need for
creating trustworthy tools that are embedded in corresponding identity infrastruc-
tures. Control over digital identity and its ensuing infrastructures is key. We define
digital identity infrastructures,4 as systems that construct, control, and commodify
(facets of) user identities. These infrastructures (I) are formed by state actors and by
private commercial actors, operating as identity providers; (II) construct identifiers
with or without the direct control or intervention of the referred user; and (III) medi-
ate these identities through technological design choices that are guided by identity
providers who exercise power and control over them.
Digital identity can be generally understood as the representation of our identities in
a machine-readable, datafied format. This process does not correspond to a single digi-
tal artifact, with a unitary function. As highlighted by Nyst etal., (2016, pp. 8–9), digital
identity corresponds to systems of identification of individuals, as well as to systems of
authentication that modulate access rights and authorize the performance of pre-specified
1 For an overview, see < https:// www. thegu ardian. com/ news/ series/ cambr idge- analy tica- files > accessed
21 October 2022.
2 See < https:// thein terce pt. com/ 2021/ 08/ 17/ afgha nistan- talib an- milit ary- biome trics/ > and < https:// www.
thegu ardian. com/ global- devel opment/ 2021/ sep/ 07/ the- talib an- are- showi ng- us- the- dange rsof- perso nal-
data- falli ng- into- the- wrong- hands > accessed 21 October 2022.
For an overview of the risks related to digital state identities currently under development in emerg-
ing economies, see Renieris (2021), Why a Little-Known Blockchain-Based Identity Project in Ethio-
pia Should Concern Us All, Centre for International Governance innovation, < https:// www. cigio nline.
org/ artic les/ why- alitt le- known- block chain- based- ident ity- proje ct- in- ethio pia- should- conce rn- us-
all/ > accessed 21 October 2022.
3 Lately, numerous examples of these risks have emerged on a global scale, particularly intensified from
pandemic-related public health decisions and practices. See for instance: Sato, M. (24 May 2021), Vac-
cine waitlist Dr. B collected data from millions. But how many did it help? < https:// www. techn ology
review. com/ 2021/ 05/ 24/ 10252 81/ covid- vacci ne- waitl ist- dr-b- colle cted- data- from- milli ons/ > accessed 21
October 2022.
4 The term “infrastructure” is generally used to refer to socio-technical systems that underlie or sup-
port public interest, universal or quasi-universal services (Plantin et al., 2018). Plantin et al. (2018).
Infrastructure studies meet platform studies in the age of Google and Facebook. New Media & Society.
20(1):293-310. https:// doi. org/ 10. 1177/ 14614 44816 661553
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Digital Society (2023) 2:18 Page 3 of 19 18
actions or predetermined access to services. According to the authors, “the three functions
of identification, authentication and authorisation are all performed digitally” (Nyst etal.,
2016). This means that there is no offline process that corresponds to and facilitates any
of the three aforementioned functions. This paper uses the above understanding of digital
identity when discussing how it is implemented through self-sovereign technological infra-
structures and corresponding ideologies. In doing so, we choose to leave outside the scope
of this paper several understandings of digital identity, such as the derived/constructed digi-
tal identity or otherwise conceptualized as “corporatised identities” (Smith,2020).
But what is self-sovereign identity? We have defined it as an “identity manage-
ment system created to operate independently of third-party public or private actors,
based on decentralised technological architectures, and designed to prioritise user
security, privacy, individual autonomy and self-empowerment” (Giannopoulou &
Wang, 2021). Although there is no consensus on the formal definition of this con-
cept, authors agree that “self-sovereign” identity “aims to preserve the right to selec-
tive disclosure of different aspects and components of one’s identity, in areas and
different contexts” and that it refers to the idea that “individuals must retain control
over their personal data and, to a certain extent, over the representations of their
identities (or personas) within a particular identity management system” (Wang &
de Filippi, 2020, p.9). It is therefore a question of giving the possibility to the person
to determine and control who can access what information concerning them.
In legal terms, self-sovereign identity is often associated to the principle of infor-
mational self-determination.5 This principle—construed by the German Federal Con-
stitutional Court in the 1983 Population Census Case—has been described as a pre-
condition for a free and democratic society.6 However, while the first cumulatively
understands and refers to identification as a techno-legal concept (Allen,2016), the
second is confined to the legal sphere as it is attached to fundamental rights of pri-
vacy and data protection. Capturing digital identity as an information transaction, the
implementation of self-sovereign identity involves employing appropriate technological
tools that attempt to maintain privacy, data protection, and security of the identification
or information transfer process as these concepts are understood by the self-sovereign
5 SSI advocates frequently refer to a series of essays published by Devon Loffreto as the main elements of
the ideals that would form the aspired identity system. According to The Moxy Tongue, SSI aims to decou-
ple identity issuance by the state in order to bring it to the full control of the citizen. The Moxy Tongue
(2016, February 9). Self-sovereign identity [Blog post]. The Moxy Tongue. < https:// www. moxyt ongue. com/
2016/ 02/ self- sover eign- ident ity. html > accessed 1 November 2022.
6 Informational self-determination emphasizes the role that data protection holds in shielding individuals from
interference in personal matters. The German Constitutional Court proclaimed informational self-determination,
which anchored data protection in the German Constitution, a novelty of its time. This principle is “a precon-
dition for citizens” unbiased participation in the political processes of the democratic constitutional state’Gerrit
Hornung and Christoph Schnabel, “Data Protection in Germany I: The Population Census Decision and the
Right to Informational Self-Determination” (2009) 25 Computer Law & Security Review 84.
The European Court of Human Rights concluded that Article 8 of the European Convention on Funda-
mental Rights, included “the right to a form of informational self-determination, allowing individuals to
rely on their right to privacy as regards data which, albeit neutral, are collected, processed and dissemi-
nated collectively and in such a form or manner that their Article 8 rights may be engaged”.
ECHR, Satakunnan Markkinapörssi Oy and Satamedia Oy V. Finland, Application No. 931/13, Judg-
ment (Merits and Just Satisfaction), Grand Chamber, European Court of Human Rights, 27 June 2017.
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identity enthusiasts. All of the principles attached to this identity system, whether we
think of confidentiality, integrity, availability of data, respect individual empowerment,
and control, quickly became affiliated to blockchain-based systems (Giannopoulou,
2021; Gstrein & Kochenov, 2020).
Despite the relatively recent popularization of the technology, blockchain
has been adopted in the relevant identity discourse as the appropriate technologi-
cal ground based on which various self-sovereign identity systems can develop.
In short, the expansion of self-sovereign identities is considered fundamental for
blockchain enthusiasts because it could become the first successful implementa-
tion of blockchain-based systems following that of cryptocurrencies.7 Blockchains
were originally developed as the necessary infrastructure to decentralize money and
underlined the materialization of bitcoin. In these technical architectures, there is a
clear link between the money and identity as evidenced by David Birch, who quali-
fies identity as the new money.8 This association led to the technology quickly cap-
turing the interest of technical identity groups, who began to explore its potential
application in ensuring disintermediated, secure, and decentralized digital identities.
Blockchains are designed to track and trace digital assets and their respective trans-
actions through immutable ledgers. Their implementation in self-sovereign identity
schemes aims to transpose these features by treating digital (self-sovereign) identity as a
set of identification credential transactions that can be described as an architectural prob-
lem. Overall, and without attempting to go in detail over all key characteristics of block-
chains, it can be said that an innovation element of this technology is the deployment
of consensus algorithms that create security in decentralised peer-to-peer architectures.
So, blockchains present the following principle-based characteristics: “(i) decentralised
consensus, i.e., no central entity or third party is responsible for decision-making; (ii)
immutable archive, i.e., an ordered list of transactions that cannot be removed or altered;
(iii) transparency and verifiability, i.e., all recorded entries can be accessed and verified
locally; (iv) resilience to failure” (Valiente & Tschorsch, 2021).
This paper will first succinctly provide an overview of self-sovereign identity, and
it will describe the socio-technical apparatus that is created following key ideas and
principles that are set to determine self-sovereign identity systems. The paper then
takes a step back in order to position this development in broader theoretical and
historical identity understandings that relate to its ensuing digitalization. Finally,
the contribution follows the shift from state-wide digitalization of identity towards
a European-wide network of identity infrastructures through the implementation
of regulatory, policy, and technological tools. In this shift, self-sovereign identity
becomes the stelar techno-social solution to the shortcomings of existing digital
identity solutions. However, this way, as the paper contends, the already booming
multi-billion-dollar digital identity industry9 appears to be able to drive and deter-
mine the development of the (public) digital identity infrastructures of the future.
7 Renieris E (2020), SSI? What we really need is full data portability. Available online at < https://
women inide ntity. org/ 2020/ 03/ 31/ data- porta bility/ > accessed 1 November 2022.
8 Birch, D. (2014), Identity is the New Money, Perspectives.
9 The digital identity solutions market is predicted to be worth up to $30.5 Billion by 2024.
See here < https:// www. prnew swire. com/ news- relea ses/ digit al- ident ity- solut ions- market- worth- 30-5-
billi on- by- 2024-- exclu sive- report- by- marke tsand marke ts- 30100 4387. html > accessed 1 November 2022.
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2 Understanding Self‑Sovereign Identity
Providing an unanimously accepted definition of self-sovereign identity is far from a fait
accompli. There are flagrant ambiguities in the socio-technical connotations of this con-
cept, as evidenced by various attempts to break down its guiding principles into technologi-
cal architecture guidance (Preukschat & Reed, 2021). From a historical point of view, this
concept originated online among tech communities who came together around the topics
of encryption and security, and who viewed the lack of a permanent, secure, and trusted
layer of identification on the Internet as a problem to be solved with a technological solu-
tion. There are many promises attached to the evolution of identification online towards
self-sovereign identity, and the potential it presents: “the SSI paradigm shift is also deeper
than just a technology shift—it is a shift in the underlying infrastructure and power dynam-
ics of the Internet itself” (Preukschat & Reed, 2021). The expectation is that this is more
than a new technological implementation; it is a new technological revolution that will
readjust existing powers and equalize them to the benefit of all (self-sovereign) individuals.
Viewed as a network connecting different machines on a planetary scale, the origi-
nal design of the Internet did not leave any room for permanent digital identification
of people in its technological design architecture. As the provision of online services
proliferated, the creation of a trusted or even permanent digital identification presented
a particularly interesting challenge, especially as it quickly became apparent that this
identification infrastructure would have to incorporate particularities linked to differ-
ent forms of individual identity. In practice, each individual has to create and maintain
various different identities in the form of digital profiles (e.g., social identities, social
security, educational identity, financial identity). Consequently, many problems related
to the management of digital identification quickly appeared. Self-sovereign identity
was created as a response or an alternative reality to these problems.
From a technological perspective, self-sovereign identity constitutes a technologi-
cal architecture built to by design avoid the risks inherent in the current model of
digital identification (Hoepman, 2021). This architecture is based on informal basic
and abstract principles, which were identified by various technical communities
exchanging on their frustrations and their aspirations relative to the identification
of the future.10 These communities define self-sovereign identity as a set of ethi-
cal principles and an idealistic vision according to which individuals are “masters
of their own identity” (Wang & de Filippi, 2020). The principles in question were
systematized by Christopher Allen, whose aim was to establish a theoretical frame-
work on the basis of which several self-sovereign digital identity systems could be
put in place. The ten fundamental principles follow Kim Cameron’s laws of identity,
10 Sheldrake refers to Weyl’s description of “ALONE: Atomistic Liberalism and Objectivist Naive Epis-
temology” as a parallel to the central narrative of self-sovereign identity. “Central to ALONE is a binary
between Individuals, conceptualized as largely presocial, independent ultimate loci of value / preference /
good / belief (well-being for short), and some global coordination device variously referred to as the social
planner, objective truth, the modeler, the mechanism designer, the impartial observer, God or, most com-
monly and how I will refer to it, The State”. Weyl (2020, December 15). Why I am not a Market Radi-
cal. < www. radic alxch ange. org/ media/ blog/ why-i- am- not-a- market- radic al/ > accessed 1 November 2022.
Cited by Sheldrake (2022), Human identity: the number one challenge in computer science, < https:// gener ative-
ident ity. org/ human- ident ity- the- number- one- chall enge- in- compu ter- scien ce/ > accessed 1 November 2022.
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namely, (1) existence, (2) control, (3) access, (4) transparency, (5) persistence, (6)
portability, (7) interoperability, (8) consent, (9) minimization, and (10) protection.
This list serves as a by design guide to self-sovereign identity. The principles are
only completed by brief explanations, making any effort to concretize a specific
self-sovereign identity system almost impossible. We cannot ignore the lack of con-
sensus or certainty around what distinguishes a self-sovereign identity from an iden-
tity that is not self-sovereign.
The technical dimension of self-sovereign identity has so far been associated
with decentralized identifiers (DIDs), verifiable credentials, and other related World
Wide Web Consortium (W3C) standards, namely, the same standards body behind
common Internet protocols like HTML and HTTPS. These identity decentraliza-
tion standards constitute a set of technical standards which determine the methods
of association of the data concerning an identified person in a persistent and uni-
versal way, so that this person not only has control over the way the information
is linked and used, but also above all remains the master of its profile instead of
a third-party service provider. Thus, all linked data can become globally portable,
available to each individual in the form of digital certificates stored in a personal
digital wallet. These certificates contain several types of information that identify
an individual. Often, they grant access rights or privileges to the identified person.
They can also be used for information verification, such as a link to identity docu-
ments, professional certifications, or any other data or information. If these tech-
nological elements related to the creation of digital identities exist independently
of self-sovereign identity, it is the rise of blockchain that has, it seems, succeeded
in creating a revival for the latter. This seems to be gradually imposing itself even
though the advisability of using it deserves to be questioned in view of the risks it
poses to data protection.
Finally, the fundamental characteristic of self-sovereign identity is the idea that it
can be “the identity of a person which does not depend on nor is subject to any other
power or state” (Preukschat & Reed, 2021, p.11). This aspiration aims to decou-
ple the individual from external actor identity verification dependence. There are
many paradoxes in this adage, all of which are representative of the conflation of
identity with the technological forms it can embody over time. As we will clarify in
the following sections, identity is expressed as a relationship between the individual
and the collective, one which expresses various power dynamics between identifier
and identified. Against this backdrop, self-sovereign identity is appearing as a sim-
ple identity technological artifact,11 a digital solution aspiring both to formalize the
individualization of access to computer networks and to digitally recreate the rela-
tionships that (in)form individual identity.
11 Since the early 1990s, Donna Haraway spelled out a “cyborg” identity, to highlight that it would
be increasingly difficult to discern where the individual ends and where the machine begins. Haraway
(1991). The Cyborg Manifesto. In: Simians, cyborgs, and women: the reinvention of nature. Routledge.
pp. 149–182.
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3 (Digital) Identity inContext
Our identities mark our belonging. We are because of our in corporis markers, such
as our biometrics and DNA, and because of our own lived experiences of belong-
ing. We exist in layered overlapping communities and are respectively perceived as
members because of certain attributes operating as inscriptions and traces of our
existence. Bauman recounts identity as “an idea” which aimed to “bridge the gap
between the ‘ought’ and the ‘is’ and to lift reality to the standards set by the idea —
to remake the reality in the likeness of the idea” (2004, p.20). For anthropologists,
identity is expressed as a relation between the individual and the collective/popula-
tion (M’charek, 2000). In this way, the individual comes to be clustered as part of,
e.g., a gendered collective, a minority, and a vulnerable population.
Identity has frequently been used to highlight different facets of human self-
definition (Gecas & Burke, 1995). However, it is not a stable pre-defined or rigid con-
cept. According to Bauman (2004:15), identity “is revealed to us only as something
to be invented rather than discovered; as a target of an effort, ‘an objective’”. Iden-
tity is an inscription from which leads a trail that can open up different paths. It has
many facets, each one of which is formed, maintained, used, and exchanged based
on different narratives. One individual can have several sets of attributes depend-
ing on the entity that is accumulating, inferring, or creating these attributes. Thus,
“identity is not a given thing in the world, but it is a result of a process of construc-
tion, whether by the actor themselves or by others” (Khatchatourov, 2019, p.36).
Identity is foundational for societal mutual self-knowledge, since it “plays a
central role in the enterprise of collective meaning-making, the realization of self-
determination, the creation of social capital and societal trust” (Brescia, 2021). In
both the physical and digital realms, we construct our identity through the selective
self-disclosure of our traces and markers. This “process of making the self, known
to others” (Jourard & Lasakow, 1958, p.91), i.e., self-disclosure, is the telling of the
previously unknown so that it becomes shared knowledge (Joinson & Paine, 2009,
p.2). The scope of this self-disclosure usually depends on the context in which it
occurs, serving as a foundation of trust between individuals and the respective actors
or between individual members of a group.
Selective self-disclosure does not imply that the revealed facets are “personae
that some central self dons in its inauthentic mode. Rather these selves constitute
the person. A person is something like a corporation of context-dependent charac-
ters” (Schoeman, 1984, p.409). The digital revelation of these different identities is
assessed by both actors in the process based on the context, the necessary minimum
level of trust, and the individual control over the revealed information. The disclo-
sure implications in this self-narrative depend on the context of the revelation and
the environment within which this occurs, which is why control over the separation
of selves is fundamental. The power to keep our different identities (in their datafied
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form or other) distinct from each other is an important component of informational
self-determination.12
We distinguish identification, i.e., the process of constructing, inscribing, and docu-
menting identity to identity itself. These two concepts are interdependent, in that iden-
tification is scarcely thinkable without the use of categories of identity (Torpey, 2018)
and categorization itself has been driven by the development of identification appara-
tuses.13 In the digital context, new technological architectures emerge and promise to
deliver “efficient”, “secure”, “convenient”, and “user-centric” digital identities. Among
these proposals, the self-sovereign identity technological proposal is claiming its space
in the global identity market and identity policy-making.
These promises are centered on an individual empowerment narrative, one that
often appears to use identity and identification interchangeably and that disregards
the perpetual motion of our oft distinct identity facets and of our identification appa-
ratuses. This conflation is not exclusive to self-sovereign identity, and it has far from
faded with the development of digital identity infrastructures.
Lately, these identity infrastructures are becoming the locus of competition
between commercial identity providers and institutional (public) ones. The empow-
erment narratives that permeate modern (identity, but also general-purpose) techno-
logical infrastructures—grounded on neoliberal ideals—are emerging in the EU pol-
icy discourse which is progressively populating these foundational infrastructures
with liberal technological architectures attempting to empower technology users as
citizens.
The different socio-technical understandings of identity influence the develop-
ment of policy objectives on a European level. Witnessing the information infla-
tion permitting the identification of an individual, the legislator was prompted to
update identity-related regulatory frameworks to both improve efficiency and to pro-
tect citizens. Importantly, and as will be explained at a later section, digital identity
is the subject of the proposal for a European regulation amending regulation (EU)
No 910/2014 with regard to the establishment of a European framework relating
to a digital identity.14 The objective is for a person to be able to electronically and
securely transmit information concerning them throughout the European Union. The
means of electronic identification referred to in the proposal, i.e., a national elec-
tronic identity card and a European digital identity wallet, are all based and rely on
12 As succinctly put by Bernal, “is it not my right to keep these identities separate, distinct from each
other? This is not a matter of secrecy; it is a matter of choice. Arguments against such a right to com-
partmentalize include the idea that such compartmentalization is effectively ‘hiding’ parts of yourself—
another recasting of the ‘if you’ve got nothing to hide, you’ve got nothing to fear’ argument” (2014,
p.249).
13 The relationship between identification and identity becomes all the more interconnected when one
considers the double conceptualization of identity as the “idem” identity (i.e., the personal aspect of
the self-identity) and the ‘the ‘ipse’ identity (i.e., the social aspect to the “idem” identity). See Ricoeur
(2005). The Course of Recognition. Cambridge, MA, Harvard University Press.
14 Unfortunately, identity is not defined in the official text, which -without any further explanations- uses
the terminology provided by the European Commission in its communication of 19 February 2020 enti-
tled “Shaping a digital future for Europe”.
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Digital Society (2023) 2:18 Page 9 of 19 18
the legal identity of citizens. The European wallet goes one step further by allowing
an individual to prove attributes such as holding a driver’s license or a diploma and
to affix electronic signatures. It must also be able to be used to identify oneself to
various players, in particular very large online platforms, so as to circumvent the
means of identification developed by the latter, such as the “register/identify with
Google” or “register/identify with Facebook” options. In doing so, the policy objec-
tive is to move from centralized or federated models to a user-centric model, with
the person being placed at the heart of the decision-making process. It would then,
according to the regulation in question, become self-sovereign.
Using “philosophically loaded phenomena” (Ishmaev,2021) such as the above to
describe an understanding of digital identity as technical identification and access
control can easily lead to misconceptions because these can be formulated employ-
ing separate-yet-interdependent meanings. On a policy level, digital identity has
been defined as “a collection of electronically captured and stored identity attributes
that uniquely describe a person within a given context and are used for electronic
transactions” (World Bank Group, GSMA and Secure Identity Alliance, 2016). This
means that digital identity is often reduced to a “set of claims made by one [digital]
subject about itself or another subject” (Cameron, 2005) or “the unique representa-
tion of a subject engaged in an online transaction” (Grassi etal.,2020). This risk of
semantic misunderstanding is prevalent in self-sovereign identity systems, as its pro-
ponents attempt to clarify (by simplification) that the use of the terms is intended to
only refer to a technological design (Wagner etal., 2018). Khatchatourov describes
the double essence of the concept: “Digital identity can therefore have two comple-
mentary meanings, which precisely constitute the crux of the problematic of this
domain: identification of the user and their actions in the digital environment and
the effects of digital technology on the construction of identity understood as a rela-
tionship to oneself, to others and the public space” (2019, p.24).
This conceptual versatility—referring to any informational structure that repre-
sents any expression of the (or of a) self—is not new especially vis-a-vis theoreti-
cal approaches on personal identity and the self, the answers to which philosophy
has been addressing throughout its history (Floridi, 2011). To bundle all different
types of identity informational (infra)structures together would imply an admission
that these can be considered interchangeable or that they can be regulated similarly.
The conflation becomes particularly flagrant when one considers public infrastruc-
tures for digital identity provision. This would include public sector identification
and the risks and challenges of which are rather higher than the ones from social
identity infrastructures. In the following section in particular, we will showcase how
the technological history of digital identity creation has shifted these risks and chal-
lenges from qualifying the necessary safeguards for trust-producing actors (Bodó,
2021) to ensuring the appropriate trust-mediating technologies.
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4 Shaping Public Digital Identity Infrastructures
Digitization has created a new class of external actors and parties who have the
power of constructing and maintaining identities through their systems and tech-
nologies of categorization and discrimination. Online platforms, services, and digi-
tal technologies, which have the capacity to authenticate its users, can also use this
function to collect, analyze the digital traces their users leave on their services and
use that to build categories, and assign identities to those users. The “construction
of personal identities in the infosphere” (Floridi, 2011, p. 550) is certainly not oper-
ating in a vacuum, but in a continuous interaction with the offline identity infra-
structures and their corresponding power relations. The differences between the two
become particularly relevant when one considers the integration of these power rela-
tions in the medium that constitute the digital identity itself. The choice, design,
architecture, and governance of the technological artifacts building digital identity
are rarely distinguishable from the identity itself. A brief look at the technological
evolution of identities and their integration as socio-technical tools is necessary to
illustrate the formation of the infrastructures, especially when these are stemming
from state actors.
In technical terms, digital identity is split across “authentication” (who are you?)
and “authorization” (what can you do?). As previously highlighted, it has been used
interchangeably both with technologies of identification and identification man-
agement. While the first refers broadly to the practices and technological artifacts
used to identify the person, the second describes all technical and organizational
processes that ensure that only authorized and authenticated users can get access to
the offered services. This conflation of meaning has preoccupied the role, respon-
sibilities, and accountabilities of public institutions and the State, which have sys-
tematically been in charge of large-scale data accumulation and which are, by social
consensus, established identity providers. The power aggregation that goes hand
in hand with State-sponsored digital identity processes has not gone unnoticed. In
France, since the first attempts to systematize digital identity for e-administration
purposes, the concern over ensuring the accountability of the government materi-
alized through the creation of the French Data Protection Authority (CNIL). This
authority was created as an independent control and counter-weight mechanism
when the French government decided to establish a centralized database that would
uniformly manage e-administration processes. It was the public outcry and concerns
over government overreach, surveillance, and the respect of fundamental rights that
eventually led the government to create this independent authority through the law
of 6 January 1978.15 The creation of the CNIL served as the auspice for the current
model of data protection authorities, present in all member states.
Seen as technologies of identification, and thus as a combination of authentica-
tion and authorization, digital identities were popularized well before the advent of
the World Wide Web. The evolution of telecommunication networks is marked by a
foundational shift towards what would become an essential precondition to access
networked services.
15 Loi n° 78–17 du 6 janvier 1978 relative à l’informatique, aux fichiers et aux libertés.
1 3
Digital Society (2023) 2:18 Page 11 of 19 18
Historically, telephone use underwent a transition from operator service to rotary
dialing, with all telephone owners being assigned a telephone user number that
would go on to become one of the foundational and most consistent technological
digital identities (Holt & Palm, 2021).16 The Internet exists as a vector of (technical)
communication and connection between addresses referring to identifiable machines
(computers) on a global scale. This technical capacity evolved to refer to individuals
sitting behind the identifiable machine (Palfrey & Gasser, 2007) as personal com-
puters became ubiquitous. A remarkable illustration of this shift is the normative
discussion that led to the qualification of dynamic IP addresses as personal data.17
With online services proliferating, so did user accounts. This led to the need for
online identity management, or the creation of account-based mechanisms that regu-
late access to online services and computer systems (Hoepman, 2021).
Eventually, identity provision became a service offered by big platform play-
ers like Google and Facebook. These companies benefited from the open design
technical standards such as OpenID18 and OAuth19 (Maliki & Seigneur,2014) to
position themselves as identity providers for third-party web services and plat-
forms. This social login—managing authentication and authorization on a hori-
zontal level—rapidly became prevalent despite privacy concerns (Tene, 2013)
and the loss of user control over the circulation of their data.20 The practical
expansion of authentication systems to a growing number of service provision,
combined with technological advances that permit and enable a better under-
standing of online user behaviour, led to the shift from systems of authentica-
tion towards systems of identity construction. As succinctly put by Denouël, “the
development of the Internet has been accompanied by the emergence of devices
more specifically dedicated to the production of the self and whose ordinary uses
16 This technological innovation would constitute, according to Bratton, the digital geography equivalent of the
design choices for the postal addresses: Bratton (2015), The Stack. On software and sovereignty, MIT Press,
pp 193–196.
17 See the CJEU Case C-582/14 Patrick Breyer [2016] EU:C:2016:779.
The Court ruled that dynamic IP addresses are personal data, noting that “a dynamic IP address is not
data related to an identified natural personal but can be considered to make log entries that relate to
an identifiable person where the necessary additional data are held by the ISP”. For an overview, see
Finck & Pallas (2020). They who must not be identified—distinguishing personal from non-personal data
under the GDPR, International Data Privacy Law, 10(1):11–36, https:// doi. org/ 10. 1093/ idpl/ ipz026.
18 See < https:// openid. net/ > accessed 21 October 2022.
19 See IETF (2012), The OAuth 2.0 Authorization Framework, https:// datat racker. ietf. org/ doc/ html/ rfc67 49.
20 « We are increasingly going to the Web/Internet as the platform for our lives. There, our identity is
not managed by the government. It’s managed, in the majority, by Facebook. When we buy things, our
identity is managed by PayPal, Amazon, and Amex/Visa/Mastercard, not to mention a raft of pretend-
ers to our identity throne, including Facebook, Google, and startups like Square. All of these are private
corporations. None of them ask us for our government issued identity cards before allowing us to make
a purchase. Some do ask for our SSN, of course. But online, the “government layer” is melting into the
background of our identity, rather like DOS melted into the background of Windows 3. I expect this to
be the source of some serious conflict in the coming decade(s).» See Battelle (2011), What Role Govern-
ment, John’s Battelle’s Search Blog, 4 November 2021, Available < https:// batte lleme dia. com/ archi ves/
2011/ 11/ what- role- gover nment > accessed 21 October 2022.
Digital Society (2023) 2:18
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18 Page 12 of 19
have provided fertile ground for the study of what is commonly called digital
identity” (2011, p.75). David Chaum, the first cryptographer to explore applying
cryptographic features to cash, argued that “computerization is robbing individu-
als of the ability to monitor and control the ways information about them is used”
(Chaum, 1985). At the time, the necessary space for anonymity21 and pseudo-
nymity (Bernal, 2014) was preserved,22 especially because the online presence
of the State, i.e., government-mandated identification, had scarcely been devel-
oped—if at all.23
Digital state presence has significantly increased since the early internet years.
The creation of a government identity layer is becoming a technical necessity for the
continuous enjoyment of e-administration services especially in the current environ-
ment where government services appear to be proliferating and/or becoming avail-
able exclusively online. Substantially, this technical feature of digital identity is nec-
essary as a risk-mitigation artifact because a trustworthy and secure digital identity
means it is less prone to be appropriated, misused, and fraudulently presented.
As web-based services continued to grow, a new form of “state modernization”
(Scott,1999) started to gain momentum through digitalization (Hansen etal.,2018)
and datafication (Mejias & Couldry,2019) processes. The shift toward digital state
service provisioning, with remote and secure citizen identification, was prioritized.
This was due to many factors, including (1) a policy push towards the development
of e-government services (Dagiral & Singh,2020) and the growth of “platform-
ised” state, where “infrastructures slowly turn into the « invisible background»
of state-citizen interaction infrastructures”17 (Singh,2019); (2) the penetration
of social platforms, which brought about regulatory interventions such as con-
tent moderation rules significantly narrowing the available margins for anonym-
ity and pseudonymity online; and (3) surveillance (Gürses etal.,2016; Beydoun,
2022).
The process of identification is based on the establishment of a classification sys-
tem, a categorization of individuals that determines the norms under which certain
actors or institutions are legitimized to have access to our private domain of the self.
Seen as a predominantly (or at least historically) governmental function, identity is
21 As we have noted elsewhere: There is a conflation between legal anonymity and technical anonym-
ity. In technical terms, anonymity refers to pseudonymity together with unlinkability. In legal terms and
according to Recital 26 GDPR, anonymity refers to information that cannot be related to a natural per-
son, or that is no longer reasonably likely to be attributed to a natural person. Thus, the legal concept of
anonymity, as is the case for personal data, is dynamic and context-dependent: Giannopoulou (2021),
Putting data protection by design on the blockchain, European Data Protection Law Review, 7(3):388-
399.
22 In his argumentation towards an establishment of a right to an identity, Bernal states that “control over
the links between the online and offline identities may be the most important aspect of the rights sug-
gested: with this in place, the ideas of when and where identities need to be verified can become clearer
and more appropriate” Bernal (2011), Internet Privacy Rights, Cambridge University Press, p.237.
23 According to the 2016 United Nations (UN) E-Government survey, 148 countries provided at least
one form of online transactional service, a substantial increase from previous years.
United Nations (2016), United Nations E-Government Survey 2016: E-Government in Support of Sus-
tainable Development. New York: UN.
1 3
Digital Society (2023) 2:18 Page 13 of 19 18
presented by Foucault’s biopolitics as an apparatus of control aimed at managing
life, which is transformed from a private affair into a matter of policy. The state
exercises its power to regulate bodies—formerly perceived as individual, distinct—
as a whole, “to rationalize the problems presented to governmental practice by the
phenomena characteristic of a group of living human beings constituted as a popula-
tion: health, sanitation, birth rate, longevity, race” (Foucault, 1994, p.73). Cheney-
Lippold describes the process of classification itself as “a demarcation of power,
an organization of knowledge and life that frames the conditions of possibilities
of those who are classified” (2017, p.7). This classification operates as a structure
for understanding individuals and collectives from the perspective of the classifier.
For this reason, identity is valuable because it legitimizes the distinction between
(or within) categories based on which different privileges, freedoms, and rights are
attributed.24 The process of transcribing analogue identity and identification in the
digital, the rules of which are determined by the power relationships between the
identifier and the identified, constitutes the core of the creation of digital identity (or
identities).
With the growing digitalization of administration and government, digital iden-
tity became a central government concern. These efforts followed different rules
and accounted for different conditions with regards identity construction, especially
when compared to the ones that defined digital identity in the private sector. What
eventually has become a big challenge for the state is how to negotiate the merging
of different information on the citizen which have been accumulating in various dif-
ferent sectors of the state, without enabling unlawful discrimination and perpetuat-
ing inequality. Take for example the recent SyRi case: the Dutch Tax Agency has
been using people’s nationality (Dutch/not Dutch) data as an indicator to an auto-
mated system that qualifies welfare applications as risky or not. It also processed the
same nationality data of childcare benefit applicants for the purpose of combating
organized fraud. The Dutch Data Protection Authority fined the Tax Agency based
on personal data violations.
Ascribing digital identity systems with the responsibility to classify users,
accordingly, entails the risk that important socio-political decisions become hid-
den behind opaque, rigid, and deterministic technological (often privately built or
maintained) infrastructures. The importance and truthfulness that we attach to these
categorizations makes them particularly impactful. Most importantly, these private
technological infrastructures are increasingly inescapable. Control over whether one
can or cannot have any digital identity is fading. It becomes clear that the entity
who controls the technology controls the identity embodied in it. This process
can be best understood as an ecosystem, one which is co-determined by the iden-
tity information at hand, the actors involved, the technologies and governance or
24 The function of the “green pass” throughout the COVID-19 pandemic is a representative example
of health identity data (i.e., vaccination status) being used to create different privileges among people.
This example is useful to illustrate how digital identity can encompass “all of the systems and methods
by which we identify ourselves through the use of digital tools in the context of specific interactions or
transactions, which need not be digital—we might present an app or QR code when boarding a plane—
but it is achieved at least partially through digital means” (Renieris,2021).
Digital Society (2023) 2:18
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18 Page 14 of 19
design architectures which form the end digital artifact qualified as digital identity.
We contend that incorporating contextual understandings of identity in the ecosys-
tem co-creation process and ensuring the power balance between the actors involved
permits transparency, accountability, and autonomy. These are both components
the existence of which is necessary for a (European-wide or national) public digital
identity infrastructure.
The establishment of a (digital) identity system is certainly a state responsibility,
as part of its sovereign power. However, regulation of the establishment and interac-
tion of various member state identity systems fall within the scope of responsibility
of the EU. The recently adopted eIDAS Regulation25 creates the technical require-
ments and responsibility network for interoperable digital identity to function in the
internal market. The element that stands out in the eIDAS Regulation is the proposal
for an updated eIDAS 2.0 amendment, which facilitates cross-border electronic
identification and authentication and more specifically enables the adoption of a
European-wide digital identity infrastructure through the application of blockchain-
based digital identity standards.26 In the following, we explain the blockchain-based
self-sovereign ideals as implemented through European-wide policy-making.
5 The Adoption ofSelf‑Sovereign Ideals inDigital Identity
Policy‑Making
Digital sovereignty as expressed through claims of informational self-determination
emphasizes “the autonomy of citizens in their roles as employees, consumers and
users of digital technologies and services” (Pohle & Thiel, 2020). Data sovereignty
is part of the strategic digital objectives of the European Union, and it is beginning
to be associated with blockchain-based systems and blockchain-associated projects.
As a result, blockchain is actively entering European strategic debates for reform
of cross-border public service delivery and beyond. Among the solutions for which
blockchain pilot projects have been launched, self-sovereign identity technological
principles are introduced both in the revision of the European identity regulatory
framework27 and as a practical architectural design for the creation of European-
wide digital identity infrastructures. However, it quickly becomes apparent that the
shortcomings identified in both the inscription of identity (or identities) for use by
the public sector and the reuse and flow of identity (and identifying) data among
different actors are not addressed by the new blockchain-based technological archi-
tecture. With citizen empowerment and self-sovereignty as its priority ideals, self-
sovereign identity does not appear to be able to solve the over-capture of identifying
25 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on
electronic identification and trust services for electronic transactions in the internal market and repealing
Directive 1999/93/EC.
26 Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU)
No 910/2014 as regards establishing a framework for a European Digital Identity.
27 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on
electronic identification and trust services for electronic transactions in the internal market and repealing
Directive 1999/93/EC.
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Digital Society (2023) 2:18 Page 15 of 19 18
data by public actors, or the flow of that data among different public actors. So,
while the technological design appears to be susceptible to change, the new digi-
tal identity infrastructure is not promising to solve any of the historical shortcom-
ings of identity systems created or constructed by the state. What is more, the new
infrastructure is creating an environment auspicious towards the weakening of state
responsibility vis-à-vis the growing datafication of its citizens.
Take, for example, the European blockchain service infrastructure (EBSI). It con-
sists of a peer-to-peer network of interconnected nodes running a blockchain-based
service infrastructure. It is the most ambitious blockchain infrastructure initiative
stemming from the European Union. Launched in 2019 by the European Com-
mission in collaboration with member states and the European Court of Auditors
(united under the European blockchain partnership), EBSI is designed for cross-bor-
der government services. In the longer term, this project aims to be interoperable
with other government and commercial blockchain platforms. At first glance, the
EBSI represents an attempt by European institutions to engage with new technologi-
cal solutions and learn how to regulate it by using it (Grech etal.,2021).
Among the first applications to be developed on the EBSI is the provision of an
interoperable digital identity framework. The objective of this project is to consti-
tute the first European blockchain infrastructure to standardize the transmission of
different types of digital identifiers within the European Union. The project called
European self-sovereign identity framework (eSSIF) is being developed to constitute
a “generic and interoperable self-sovereign identity framework (SSI), defining the
necessary specifications and building the services and supporting capacities which
will allow citizens to create, control and use their own digital identity (including
identification, authentication and many other types of identity-related information)
without having to depend on a single centralized authority”.
The development of this project design stems from European institutions, and is
based on the principles of decentralization(Bodó & Giannopoulou, 2019) and sover-
eignty, as institutional aspirations for the provision of services to all European citizens.
However, it quickly becomes clear that these concepts are poorly defined both legally
and technologically. If a distinction must be made between technological architectures
promoting the centrality of the user for the provision of services and those promoting
self-sovereignty, it is not obvious. Is it itself relevant? Similarly, both decentralization
and people’s sovereignty are seen as the solution to combat the growing centralization
of data in the hands of certain actors. However, the power relations in any infrastruc-
ture are fragile especially as citizens need the service in question to keep being pro-
vided in order to continue accessing the desired and necessary services. In addition,
and most importantly, it is difficult to imagine the disempowerment of the state as a
digital identity provider in favor of a self-sovereign decentralized identity which prior-
itizes user empowerment. As we have already established, state power (and its ensu-
ing accountability) in identity provision can and needs to be guaranteed in any digital
identity infrastructure as a trust-producing actor the value of which is derived by its
legal responsibilities (Giannopoulou, 2022).
If we take the example of the pan-European infrastructure providing a blockchain
service (EBSI), its success will be based on the trust that citizens have in the pro-
viders of the services and on the latter’s ability to engage the responsibility of the
Digital Society (2023) 2:18
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18 Page 16 of 19
European institutions responsible for this infrastructure. Identifying those respon-
sible may not always be easy, and clarification will need to be made. Decentrali-
zation, for example, does not facilitate the determination of the key players whose
liability can be pursued, in particular in the event of the use of new technological
architectures such as the blockchain (Finck, 2019; Giannopoulou, 2021). Moreover,
as an aspiration of institutional origin at the European level, the promotion of self-
sovereignty and decentralization could have the effect of disempowering the insti-
tutions responsible for developing public infrastructure and over-empowering each
user/European citizen.
To illustrate this risk, the example of digital wallets can be enlightening. As their
name suggests, digital wallets aim to perform the same function as their offline
counterparts. They are meant to be used for storing and protecting credentials. Their
function is therefore, on the one hand, to store the identifiers, to protect them against
theft or prying eyes, and, on the other hand, to make them available thanks to a port-
able digital device, according to the needs of the holder of the this last. These wal-
lets, which are appearing in the texts framing the implementation of digital identity,
are supposed to promote the central role of their user within data transfer architec-
tures. However, neither the documentation published by the European institutions
nor the forthcoming regulations specify how the responsibilities of each actor (Euro-
pean Commission, member states, private actors providing the technology used, citi-
zens) will be articulated. Without the necessary standards to regulate the provision
of such digital services, users/citizens risk being left with few means of redress. This
observation can be transposed when the proposed regulation is studied in the light of
the rules applicable to electronic registers.
6 Conclusion
Self-sovereign identity places the emphasis on individual empowerment. It recog-
nizes the power asymmetry and the risks inherent in current digital identification
infrastructures and proposes a new one focusing on, predominantly, an alternative
technological design. However, the emphasis put in decentralizing the technical sys-
tem of digital identity production, expression, and validation is but only one part of
the process of claiming back control over our understanding of selective self-reve-
lations vis-à-vis the state or private actors. The principles that guide self-sovereign
identity, especially the user-centricity and individual empowerment run the risk of
creating increased accountability of individuals in control of their information and a
correlative disempowerment of other powerful actors involved in the identification
processes, including public ones. This resulting imbalance can prove to be detrimen-
tal, paradoxically, to the (self-sovereign) person concerned.
The paper highlights that, overall, digital identifiers are usually not reflections
of our identity. These identification processes function sometimes in concert and
sometimes in tension with our identities. For this reason, digital identities can only
be considered as an additional layer of identity, and not as its substitute. Thus, any
effort to understand and conceptualize any digital identity while ignoring the social,
economic, technological, legal, and political economy contexts which define how
1 3
Digital Society (2023) 2:18 Page 17 of 19 18
identities are constructed by the self and by others would be simply reductionist or
superficial. This paper investigated how self-sovereign identity infrastructure provi-
sion considers (or fails to consider) the importance of technological affordances that
these infrastructures might create, as well as the produced negative externalities to
identity at large.
Substantially, the role of the state is versatile in identity creation, validation,
authentication, and management systems. Exercising its sovereign power in (legal)
identity creation, validation, and authentication, the state is also engaging in a rather
complex network of identification relationships under any of the capacities: in the
performance of e-government services, in the cross-border digital identification of
its citizens, and in the collaboration between the public and the private sector for
infrastructural support and creation of digital identity management systems. The
State, guarantor of civil (digital) identity, has a formal responsibility to ensure that
any digital identity infrastructure provision will not result in a disempowerment of
the individual citizen and in the subsequent loss of trust in the public sector.
Finally, the paper concludes that the shifting environment of digital identity pro-
vision and management, particularly as it appears from a European, instead from
a state, initiative, does not acknowledge the historical and social underpinnings
that made identity creation and management necessary, and thus, it is unable to
address the challenges that identity management is facing for increasingly datafied
individuals.
Author Contribution This study is a single-authored article.
Funding The present research has been conducted with financial support received by the European
Research Council (ERC) under the European Union’s Horizon 2020 research and innovation programme
under grant agreement No 759681.
Data Availability Not applicable.
Declarations
Ethics Approval Not applicable.
Consent to Participate Not applicable.
Competing Interests The author declares no competing interests.
Open Access This article is licensed under a Creative Commons Attribution 4.0 International License,
which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long
as you give appropriate credit to the original author(s) and the source, provide a link to the Creative
Commons licence, and indicate if changes were made. The images or other third party material in this
article are included in the article’s Creative Commons licence, unless indicated otherwise in a credit line
to the material. If material is not included in the article’s Creative Commons licence and your intended
use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permis-
sion directly from the copyright holder. To view a copy of this licence, visit http:// creat iveco mmons. org/
licen ses/ by/4. 0/.
Digital Society (2023) 2:18
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18 Page 18 of 19
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... It marks one step toward living up to the ideal of "user-centricity"-a design philosophy that is set out to center around users' needs and preferences, whereby it prioritizes performance-based values such as convenience, efficiency, and simplicity. In the same vein, the introduction of a digital wallet also aims at the "decentralization" of digital identity management systems by empowering individual users and disempowering centralized infrastructures and institutions (Giannopoulou, 2023;Sartor et al., 2022;Weigl et al., 2023a). Member States are required to issue at least one wallet within 24 months from the adoption of the Implementing Acts t Regulation (EU) 2024/1183. ...
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Digital technologies have had disruptive effects on self, self-identity, community, race, and ethnicity imaginations. Where the conception of the digital communities have moved beyond the immediate geographic locations to group of networked persons across the geographies, race and ethnicity identification as such have also become sharper as evident from the increased identification of people with similar physical or racial attributes.
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The concept of self-sovereign identity (SSI) describes an identity management system created to operate independently of third-party public or private actors, based on decentralised technological architectures, and designed to prioritise user security, privacy, individual autonomy and self-empowerment.
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Our individual and collective identity is reflected in our desires, our affiliations, our political choices, and the social movements in which we participate. This identity plays a central role in the enterprise of collective meaning making, the realization of self-determination, the creation of social capital and societal trust, and the bringing about of social change that overcomes subordination. The integrity of this form of identity is mostly protected through the cluster of phenomena that has come to be known as the right to privacy, but it is a particular type of privacy, what I call political privacy, where these notions are centered. While some legal scholarship addresses the role that privacy plays in promoting individual autonomy in democracies and recognizes that privacy has some public features generally, this article approaches the problem of political privacy from a different perspective. It brings a body of social movement scholarship to bear to inform our understanding of the role this form of privacy—as manifest in the integrity of individual and collective identity— plays in liberal democracies. Informed by this body of social movement scholarship, I will attempt to elevate the importance of the integrity of individual and group identity as a collective and public good itself, as a product of, and which is manifest in, our associational ties. While this political privacy is critical to political autonomy and democracy, it is also under considerable threat in the digital age. At a time when new technology makes the search for one’s political identity easier, more expansive, and more liberating, it also creates a paradox: this search for identity and community is also one that is conducted with few protections; it is subject to exposure, sale, and distribution, often without our consent. Given the critical role that private, digital platforms play in fostering the exploration, creation, and maintenance of individual and collective identity today, and the growing role they are playing in social movement mobilization, I argue here that the integrity of individual and collective identity deserves greater recognition and protection, especially in private law settings where such interests are exposed at present and where the law is less robust than in public law settings, where associational privacy is more commonly respected. This Article attempts to address, identify, and analyze not just the threats to the integrity of individual and associational identity that exist in the digital world but also the viability of the private law tort of intrusion upon seclusion as a means through which we can preserve this integrity. My normative claim is this tort, while generally recognized as a negative right that protects us from certain intrusive behaviors, should also be conceptualized as a positive right, the protection of which makes the realization of our associational life possible and meaningful. It also presents strategies for strengthening the application of the tort to such associational life in more robust ways moving forward.
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An expert on computer privacy and security shows how we can build privacy into the design of systems from the start. We are tethered to our devices all day, every day, leaving data trails of our searches, posts, clicks, and communications. Meanwhile, governments and businesses collect our data and use it to monitor us without our knowledge. So we have resigned ourselves to the belief that privacy is hard—choosing to believe that websites do not share our information, for example, and declaring that we have nothing to hide anyway. In this informative and illuminating book, a computer privacy and security expert argues that privacy is not that hard if we build it into the design of systems from the start. Along the way, Jaap-Henk Hoepman debunks eight persistent myths surrounding computer privacy. The website that claims it doesn't collect personal data, for example; Hoepman explains that most data is personal, capturing location, preferences, and other information. You don't have anything to hide? There's nothing wrong with wanting to keep personal information—even if it's not incriminating or embarrassing—private. Hoepman shows that just as technology can be used to invade our privacy, it can be used to protect it, when we apply privacy by design. Hoepman suggests technical fixes, discussing pseudonyms, leaky design, encryption, metadata, and the benefits of keeping your data local (on your own device only), and outlines privacy design strategies that system designers can apply now.
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This article examines the telephone’s entangled history within contemporary infrastructural systems of ‘big data’, identity and, ultimately, surveillance. It explores the use of telephone numbers, keypads and wires to offer new perspective on the imbrication of telephonic information, interface and infrastructure within contemporary surveillance regimes. The article explores telephone exchanges as arbiters of cultural identities, keypads as the foundation of digital transactions and wireline networks as enacting the transformation of citizens and consumers into digital subjects ripe for commodification and surveillance. Ultimately, this article argues that telephone history – specifically the histories of telephone numbers and keypads as well as infrastructure and policy in the United States – continues to inform contemporary practices of social and economic exchange as they relate to consumer identity, as well as to current discourses about surveillance and privacy in a digital age.