Digital Identity Services Trust Framework Bill

Hon Dr David Clark

Digital Identity Services Trust Framework Bill

Government Bill

78—2

Contents

Commentary
Key
1Title
2Commencement
Part 1
Preliminary provisions
3Purpose
4Overview of Act
5Interpretation
6Transitional, savings, and related provisions
7Act binds the Crown
Part 2
Digital identity services trust framework
8Trust framework
8ATiriti o Waitangi/Treaty of Waitangi
9Meaning of digital identity service
10Trust framework participants
11Requirements for TF providers dealing with personal or organisational information when providing accredited digital identity services
12Trust Accreditation marks
Digital identity services outside trust framework
13TF providers may provide both accredited services and services not accredited
14Digital identity services outside trust framework
Relationship with other Acts
15Relationship with Electronic Identity Verification Act 2012 and Identity Information Confirmation Act 2012
16Application of Privacy Act 2020
Part 3
TF rules, accreditation, TF register, and record -keeping and reporting
TF rules
17TF rules
17TF rules
18Who TF rules apply to
19Content of TF rules
19Content of TF rules
20Consultation required before recommending TF rules
21TF board to report to Minister on consultation
Accreditation
22Application for accreditation
23Contents of application
24Specified information
25Assessment of applications Decision by TF authority
26Notice of decision
26ARegulations for accredited providers and services
27Reconsideration of application
28Duration of accreditation
29Renewal of accreditation
30Provisional accreditation
31Obligation to tell TF authority of changes to key information or specified information
TF register
32Register of TF providers and accredited services
33Purposes of register
34Form of register
35Information to be contained in register
36Amendments to register
37Search of register
Third party assessors
38TF authority may certify Certification of third party assessors
39Accountability and immunity
40Record -keeping and reporting by third party assessors
Record -keeping and reporting by TF providers
41Record -keeping and reporting by TF providers
Part 4
TF board
42TF board established
43Responsible department
TF board’s functions and powers
44Functions of TF board
45General powers of TF board
TF board members
46Appointment of TF board members
47Voting rights
48Removal of TF board members
49Remuneration of TF board members
Māori Advisory Group
50Māori Advisory Group established
51Appointment of members of Māori Advisory Group
52Role of Māori Advisory Group
53Further provisions relating to Māori Advisory Group
54Removal of Māori Advisory Group members
Committees of advisers
55Appointment and remuneration of committees of advisers
56Removal of committee members
Part 5
TF authority
57TF authority established
58Responsible department
TF authority’s functions and powers
59Functions of TF authority
60General powers of TF authority
61Power to require information or documents
62Extension of time to provide information
TF authority members
63Appointment of TF authority members
64Removal of TF authority members
65Remuneration of TF authority members
Part 6
Complaints and offences
66Purpose of Part
67Principles
Complaints
68Who may make complaint
69How to make complaint
70How complaints must be dealt with
71Referral of complaints to office holders
72TF authority may decide not to consider complaint further
Preliminary assessment of complaints
73Procedure for preliminary assessment of complaints
74Notice of preliminary assessment
Alternative dDispute resolution scheme
75Alternative dDispute resolution scheme
76Ministerial approval of alternative dispute resolution scheme
Investigations by TF authority
77Investigation of breach
78Commencing investigation
79Conducting investigation
80TF authority may regulate own procedure
81Finding by TF authority
Remedies
82Remedies following finding of breach
Public warnings
83Public warnings
Additional record-keeping or reporting requirements
83AAdditional record-keeping or reporting requirements
Compliance orders
84Issuing compliance order
85Form of compliance order
86TF provider response to compliance order
87TF provider must tell TF authority when compliance order complied with
88TF provider may elect to forfeit accreditation
89TF authority may vary or cancel compliance order
Suspension or cancellation of accreditation following finding of breach
90Suspension of accreditation
91Cancellation of accreditation
92Suspension or cancellation if breach on 3 or more occasions
Suspension or cancellation of accreditation for other reasons
93Suspension or cancellation of accreditation
Offences
94Offence to knowingly or recklessly misrepresent provider to be TF provider or service to be accredited service
95Offence to misuse trust accreditation mark
96Offence to knowingly or recklessly give false information to TF authority in application for accreditation
97Offence to fail to give key information or specified information in application for accreditation
98Offence to fail to tell TF authority of change to key information or specified information
99Offence to obstruct TF authority
Part 7
Regulations, secrecy, immunity from civil liability, and reviews
Regulations
100Regulations
Secrecy
101Members and staff of TF board and TF authority, members of Māori Advisory Group, and members of advisory committees to maintain secrecy
Immunity from civil liability
102Immunity for members and staff of TF board and TF authority, members of Māori Advisory Group, and members of advisory committees
102Immunity for members and staff of TF board and TF authority, members of Māori Advisory Group, and members of advisory committees who are not public service employees
103Immunity for TF providers for actions of users
Reviews
104Review of TF board’s operation
105Review of complaints process and alternative dispute resolution scheme
Schedule
Transitional, savings, and related provisions
Legislative history

The Parliament of New Zealand enacts as follows: