The end of mObywatel? The government showed the design of the new application

The Ministry of Digitization published in the Government Legislation Center a draft amendment to the Act on trust services and electronic identification. The aim of the changes is to launch a European digital identity wallet in Poland, which will ultimately replace the mObywatel application. The new solution is to be compliant with the EU eIDAS 2.0 regulation.

European application

The ministry indicated in the regulatory impact assessment that EU Member States are obliged to implement the European digital identity wallet. In accordance with eIDAS 2.0, the application is intended to enable natural and legal persons safe, trusted and uninterrupted cross-border access to public and private services throughout the European Union, while maintaining full control over the data.

The new wallet will allow, among others: for submitting qualified electronic signatures and seals. To start with, the Polish version of the application will include a mobile driving license. In the longer term, it is planned to add an ID card, e-diplomas and certificates of the right to practice the profession, e.g. for nurses.

One of the first functions is to be the ability to confirm a user’s age on digital platforms without revealing other data. The tool is intended to safely verify the age of children on social media and will be available to people over 13 years of age.

The project assumes that the wallet will contain data identifying a natural person, such as: name, surname, date and place of birth, PESEL number, citizenship, gender, family name and facial image. The purpose of the photo – similarly to mObywatel – is to enable confirmation of identity in a way that limits the risk of third parties using the application.

In the case of entrepreneurs, the portfolio should include, among others: company name consistent with the entry in CEIDG, KRS or KPP, NIP number, as well as KRS and KPP numbers – if assigned.

Assistance in prosecuting crimes

The Minister of Digitization or an office subordinate to him will be responsible for making the application available. The ministry will create a national certification program for entities providing wallet services and a register of the so-called relying parties. The minister will be able to process user data for 20 years from the invalidation of the wallet. The same data storage period is provided for qualified trust service providers. As explained, this is to enable future proof that the wallet was active and issued to a specific person, as well as to help prosecute identity theft crimes.

The project also provides for the obligation to inform users about security breaches that could lead to data leakage. The source code of selected components is to be made available after obtaining the opinion of the relevant security incident response teams (CSIRT GOV, CSIRT MON, CSIRT NASK).

According to the European Commission, the digital identity wallet is a mobile application that will allow EU residents to securely identify themselves when using public and private services and store digital documents. The eIDAS 2.0 regulation entered into force in May 2024, and Member States are expected to implement their portfolios by December this year.