An In-Depth Examination of GDPR and eIDAS in the Prevention of Identity Theft

Abstract

In this article, a specific issue is addressed that concerns the protection of privacy vis-à-vis the efforts to combat identity theft and protect personal identifying information. Personal information, in the form of data, is largely available within the online ecosystem, thereby introducing a profusion of opportunities in the interest of cybercriminals who seek to collect vitally valuable data in order to commit fraud against individuals. Therefore, an effective and rigid data protection should also include the protection of identity. The solutions undertaken to protect identity-related data are more seen as measures enhancing privacy, which are incorporated within the European legislative corpus. The most prominent legislative text is the General Data Protection Regulation, as the core principles embodied coupled with the rights afforded to the data subject and in conjunction with the security safeguards that underpin the entirety of data processing are well-suited to deliver a robust and inclusive digital ecosystem for the identity security. In alignment with that effort, the eIDAS ecosystem defines a regulatory framework to ensure secure and seamless electronic transactions between businesses, citizens, and public authorities. In particular, it creates a cross-border legal framework that ensures the interoperability of electronic identification systems in all EU member states. Nevertheless, particular attention must be directed also toward the challenges besetting the even regulatory implementation, stemming primarily from technological advancements, inherent regulatory limitations and deficient societal engagement.