Identity

Overview

Ireland does not maintain registers of individuals’ identities. Birth certificates record facts of birth that are not proof of any identity. They do not provide a unique identifier or any means of linking to a particular person.

Unlike other jurisdictions, there is no provision in Ireland for identity cards. In practice, passports and driving licenses are commonly used for identification and verification purposes.

This arises from the procedures around passport and driving license issue, which seeks to authenticate identity through photographic declarations before Gardaí and other verification.

As of 2013, the new driving license system requires personal attendance in most cases to verify and vouch identity.

Correction of Errors

Some errors in a birth certificate and other certificates may be corrected. The Civil Registration Act allows for the correction of the register. On the application in that behalf of a person having an interest in the matter to the Superintendent Registrar in writing, he or she may correct a clerical error in any register maintained.

On application, he may correct an error of fact in the register of births or the register of deaths if the person gives to the Superintendent Registrar such evidence as he or she considers to be adequate and a statutory declaration, in a form standing approved of the facts concerned.

It must be given by a person required by this act to give to the registrar the required particulars in relation to the birth or death concerned, or if such a person as aforesaid cannot be found, two credible persons having knowledge of the facts concerned.

Where an error of fact (other than one relating to the cause of death) occurs in the record signed by a coroner of the verdict returned at an inquest held by him or her and the coroner or his or her successor is satisfied by evidence on oath given orally or by statutory declaration of the existence of the error he or she may give a certificate to a Superintendent Registrar stating the nature of the error and the relevant facts.

The officer shall, in such form as the Superintendent Registrar may direct, correct the appropriate entry in the register of deaths, and the original entry shall be retained in the register.

On the application in that behalf by a person having an interest in the matter to the Superintendent Registrar in writing, a correction or addition to an entry in the register of stillbirths may, if the Superintendent Registrar so directs, be made but only by a person authorised in that behalf by him or her.

PPS Numbers

The personal public service number (PPSN or PPS) is used in many dealings between an individual and the State. It grew out of the former revenue and social insurance (RSI) number which was used in relation to tax, social insurance and social welfare payments. The PPS number is used for a wider set of administrative dealings.

PPS numbers have been allocated at birth since 2005. The Social Welfare Consolidation Act provides for the collection of information for the purpose of maintaining the person’s public service identity.

Various legislation allows sharing of the information with public service bodies to the extent necessary for authenticating the person’s public service identity. Generally, private bodies, including those under the general auspices of the public but outside the definition of specified bodies, are not permitted to use the PPSN as an identifier.

Identity Cards & Biometric Passports

Identity cards have not yet been issued in Ireland. There is provision for cards in limited circumstances, including age cards under the Intoxicating Liquor Act.

The Passports Act 2008 regulates the issue of passports. See the separate section on that legislation. Passports now combine documentary evidence based on birth and other identifiers and biometric information.

EU legislation provides for standard security features with biometric elements on passports. They must include a storage medium which retain a facial image. The data is to be secured and the storage medium must have sufficient capacity and capability to guarantee its integrity, authenticity and confidentiality.

A person who holds a biometric passport is entitled to verify the data contained in it. He or she may ask for it to be corrected or erased where incorrect. The biometric features are to be used for verifying the authenticity of the document and the identity of the holder.

The International Civil Aviation Organisation has set standards in this area arising from post-September 11 2001 security requirements.

EU Free Movement Proof

The Court of Justice of the European Union has held that it is contrary to the principle of free movement of individuals within the EU to require an identity card or passport for nationals of another member state where that state does not impose general obligation on its own national and permits them to prove their identity by other means under law.

However, states may impose penalties for breach of a requirement provided they are comparable to those applicable to equivalent national infringements and are proportionate.

Human Rights

A name is an integral part of a person’s identity. The European Convention on Human Rights has recognised that legal restrictions on change of name and regulating the use of a name must be justified in the public interests.

There will generally be a public interest in ensuring accurate registration of the population and identification and linking a person with a family name.

The European Convention on Human Rights held that in the case of a transgender person France was obliged to recognise a change from a male to a female name. The French restriction was held not to be justified in balancing rights under Article 8 of the European Convention on Human Rights.

The European Court on Human Rights has recognised a right to identify one’s parents and siblings in respect of persons placed in care. A person’s private life protected by Article 8 includes a person’s physical and psychological integrity and could include aspects of a person’s physical and social identity.

Irish Constitution

The Irish Constitution guarantees a person’s good name. This has not been elaborated on in this context by the Irish superior courts. However, it is conceivable over time that the right to a good name could be used as a basis for the protection of a person’s identity and the integrity of that identity.

The Supreme Court has supported the principle of a person being able to learn the identity of parents in the case of a pre-Adoption Act adoption. The courts have recognised the right to trace and know one’s natural parents but have indicated that it is not unqualified and may be restricted and limited in accordance with the requirements of the common good.

Respect for private life requires that everyone should be able to establish particulars of their identity as an individual human being. However, the ECHR has recognised that the right is not absolute.

The Irish courts refused an application for change of name by a person with an identity disorder prior to the European Convention on Human Rights becoming part of Irish law.

Fingerprints

The taking of fingerprints is regulated under Detention Regulations in Ireland. The Gardaí have powers to identify, photograph persons and take various prints. See generally the sections under criminal law.

Similar powers arise in the context of immigration and refugees. Fingerprint evidence is part of the means of identification provided under EU regulations on asylum and refugees. There is a central unit with rules for the use and processing of fingerprint data.

The Criminal Justice Forensic Evidence Act must provide procedures in relation to taking, maintaining and disposing of samples taken from persons in custody. See separately the section under criminal law dealing with the same.

DNA has long been used to identify parentage under the Status of Children Act 1987. Courts may make orders for blood tests under the legislation. The legislation has been held to include more modern DNA testing which is far more accurate than the negative type-testing of blood that existed when the Act was passed.

Electronic Signatures

The Electronic Commerce Act concentrates on electronic signatures. This is data in electronic form attached to,  incorporated in or logically associated with other electronic data which serves as a method of authenticating the purported originator and includes an advanced electronic signature. An electronic signature includes electrical, digital, magnetic, optical, electromagnetic, biometric, photonic and other forms of related technology.

It includes an “advanced electronic signature”, meaning it is:

• uniquely linked to the signatory,
• capable of identifying the signatory,
• created using means that are capable of being maintained by the signatory under his or her sole control, and
• linked to the data to which it relates in such a manner that any subsequent change of the data is detectable.

The signatory is a person who, or public body which, holds a signature creation device and acts in the application of a signature by the use of the device either on his own behalf or on behalf of a person or public body he represents. It is an offence to misuse, possess, or recreate the signature creation device of another person, without authorisation, for the purpose of creating an unauthorised electronic signature. It is an indictable offence subject to fine and up to five years imprisonment.

Telephone Directories

Telephone numbers compilation is regulated under EU directive. Further, EU directive controls the manner in which directories may be compiled. States must ensure that subscribers are informed free of charge before inclusion about the purpose of any printed or electronic directory of subscribers available to the public or capable of being obtained through inquiry services in which their personal data is included and further possible uses based on search functions embedded in the electronic versions of the directory.

The requisite information must be given before inclusion of the relevant details in the directory. Details must be made available free of charge. Potential entrants must be given the opportunity to decide whether their personal data is included in a public directory. They must be given the opportunity to determine which data is included, to the extent that such data are relevant to the purpose of the directory as determined by the provider. They must be given the right to verify, rectify or remove data.

In the case of annual directory publication such as a telephone directory where personal data was included prior to the commencement of the implementation of the directive, it may remain included unless subscribers require it to be removed. In this case subscribers must be given the requisite opportunity prior to publication of the next edition. Subscribers may revoke their inclusion.

ID Blocking

EU directive provides that caller ID must be capable of being disabled. The right may be curtailed where it is necessary to prevent and trace nuisance calls. Accordingly, persons making a call may restrict/block caller ID.

There must be a procedure to override anonymous phone calls. There must be a transparent procedure overriding the general provisions on a temporary basis. The application for tracing must be made by the subscriber. The storing and making available must be in accordance with national law. The making of nuisance calls is an offence under Non-Fatal Offences against the Person Act and the Post Office Amendment Act 1951.

States must have transparent procedures governing the manner in which providers of public communication networks which make available electronic communication services may override the elimination of presentation of a caller ID on a per-line basis for organisations dealing with emergency calls, including law enforcement agencies, ambulance services, the fire brigade and persons responding to such calls.