Regulating Digital Identity Verification
The Digital Transition: Regulating Digital Identity Verification
The Electronic Transaction Act (No. 4) B.E. 2562, published in the Royal Thai Government Gazette on May 22, B.E. 2562 (2019) , and effective the day after its announcement , serves as an amendment to the original Electronic Transaction Act. The primary goal of this amendment is to regulate and foster the use of digital identity verification and authentication to ensure reliability and security , which is essential for the country's economy and consumer protection.
Key Definitions and Mechanisms
The Act introduces two key definitions to Section 4 of the principal Act:
- “Authentication and Identification” (การพิสูจน์และยืนยันตัวตน) means the process of verifying and confirming the identity of a person.
- “Digital Identity Verification and Authentication System” (ระบบการพิสูจน์และยืนยันตัวตนทางดิจิทัล) means the electronic network linking data between any persons or state agencies for the benefit of identity verification and related transactions.
Digital Identity Verification and Authentication System, is also added , which explicitly allows for the identity of a person to be verified through a digital system.
Principles of System Reliance
- Presumption of Truth: A party wishing to rely on the digital identity verification of another person may inform that person of the required reliability conditions in advance. Once verification is completed according to those conditions,
it shall be presumed that the person verified is indeed that person. - Reliability Standards: The reliability conditions must meet a standard no lower than what the relevant Committee prescribes. Furthermore, the system must guarantee convenient and non-discriminatory public access and utilization.
Regulation and Penalties
The Act grants the power to issue a Royal Decree to designate any service business concerning the digital identity verification system as a business that must obtain a license before operating. This is necessary for maintaining financial and commercial stability and enhancing the overall credibility of the system.