Democracy and public responsibilityHistorical study2021

2021: who should answer for electronic identity?

On 7 March 2021, the Electronic Identification Services Act was rejected by 64.4% of votes. The model combined public identity verification with recognised providers responsible for implementation. Published in 2026, this study examines that division of roles and the guarantees needed when a digital credential becomes an entrance to public services.

Period studied
2021
Published
Document or event
2021: who should answer for electronic identity?HTML · English
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State: verify · Provider: issue · Service: request · Person: consent · Appeal: correct
The model debated in 2021 divided several roles. An identity credential does not itself decide entitlement to a service; responsibilities and correction routes must remain clear.

The rejected model did not remove the state

The proposal provided for the Confederation to verify identity and authorise an e-ID’s issue. Recognised, supervised providers would handle technical implementation. They could be businesses, but also cantons and municipalities. The state therefore retained verification, recognition and supervision.

This clarification does not decide the debate in the project’s favour. It frames it accurately: how should functions be distributed, and what creates trust in infrastructure involving several actors? Describing a complete state withdrawal would be inaccurate. Treating supervision as making the issuer’s identity irrelevant would nevertheless avoid the actual political choice.

The official dossier described acquisition as voluntary and provided data-protection duties. The disagreement should not be reconstructed as though the text promised unrestricted sales of personal information. The questions concerned the strength, intelligibility and enforceability of guarantees.

Identity is not a general authorisation

Proving who someone is differs from deciding what they are entitled to. A municipality may verify identity to issue a document, but the competent authority must still apply the service’s conditions. A successful login cannot replace a reasoned administrative decision. Equally, a technical failure should not become an implicit refusal of a right.

Identification and necessary information also need separating. A service does not always need an entire identity to verify a particular condition. Infrastructure design should examine what is requested, retained and transmitted at every operation. Collecting more data “just in case” expands potential uses without demonstrating a benefit to the person.

These are public-policy criteria. They do not presume that a particular 2021 system had already implemented every imaginable form of tracking. Analysis should follow functions actually described in the documents, rather than turning risks to prevent into incidents claimed as proven.

Trust also depends on what happens when things fail

Debate about e-ID readily addresses speed and convenience. It must equally consider errors: incorrect records, a lost credential, an unavailable device or an inaccessible account. Who restores access, with which evidence, within what period and with what appeal route? Public-service quality is also measured along these pathways.

Where several actors divide responsibilities, the individual should not become their compulsory intermediary. Provider and administration cannot simply refer people back to each other without an identified responsible body. Requirements must address correction, continuity and possible service termination as well as normal operation.

A provider may change strategy, ownership or business conditions. The public should know what protects credential continuity and how another solution can be adopted. Technology working at launch is insufficient; rights must remain accessible throughout its life.

Voluntary use has a practical dimension

Not legally requiring a digital tool is a necessary guarantee. But if an ordinary procedure becomes much slower, dearer or harder without it, the choice narrows in practice. Alternative access must therefore be examined in actual services, including people with limited equipment, those needing support and those choosing another route.

A physical counter is more than a technological leftover. It can help explain circumstances that do not fit a form, correct records and prevent a login problem interrupting a right. Digitalisation can simplify procedures while retaining that human function. Assistance costs should not be hidden by transferring them to families or unpaid third parties.

This also provides a test for promised savings. A real administrative saving reduces the total work needed for a procedure. Unacknowledged transfer of that work to the person produces a different result. Delays, mistakes and support needs should be measured from users’ perspectives, rather than only the issuer’s.

A different discussion already in September

On 2 September 2021, the Federal Council opened a public consultation on a working paper for a state e-ID. The March rejection therefore did not end every discussion of digital identification. Nor did the consultation mean a new system was already available in 2021. Design discussion and an operational service remain separate stages.

For the PCP, the historical lesson is to place electronic identity within understandable public responsibility: minimise necessary information, provide accessible correction and retain effective routes to services. Providers can perform specified technical tasks; democratic guarantees must follow the whole journey. Progress is judged through simplicity gained and rights maintained, including when the tool does not work for someone.

Documents and sources