Legality of electronic and online voting
In 2015, the Judgment of the Ordinary Court of Rome with the adoption of the ELIGO platform: "A series of technological safeguards are in place to prevent misuse or improper use of the vote and to offer the greatest guarantees of confidentiality, secrecy and freedom of expression of the vote."
Court of Rome
9 reasons why ELIGO guarantees
legal electronic and online voting
Regulatory framework of electronic and online voting
There is no precise technical norm in Italy, nor at the European Union level, that establishes the standards to be followed for the design and implementation of an online voting system. Undoubtedly one of the reference documents is Recommendation CM/Rec(2017)51 adopted by the European Council. However, it is crucial to point out that it refers to universal suffrage voting and that some concepts and requirements are not applicable to private voting.
The voting system must be consistent with the body's Bylaws or Election Regulations, providing a delicate balance between the technological needs of security and the operational needs of cost, voting flow and simplicity of expression of the latter. On the other hand, the usability-level indications defined in the Voluntary Voting System Guidelines document of the Nation Institute for Standard Technology, an American body, and those most recently issued by the Italian Ministry of the Interior with Law No. 160/2019, aimed at experimenting with digital voting expression methods for political and European elections and referendums provided for in Articles 75 and 138 of the Constitution, are relevant.
The interface and user experience of ELIGO eVoting were developed based on these recommendations.
Regulatory framework for electronic identification and authentication
Electronic identification is a process in which personal authentication data is used in electronic form in order to uniquely identify the user of a digital platform. Personal identification data is the set of information that makes it possible to establish the identity of a natural or legal person, or a natural person representing a legal person.
The normative basis to refer to in order to identify the standards of electronic service delivery and means of digital identification is the EU Regulation No. 910/2014 on digital identity - eIDAS (electronic IDentification Authentication and Signature) Regulation.
The Regulations are fully effective in Italian territory and govern the following aspects of digital identification:
- sets the conditions under which member states shall recognize electronic means of identification of natural and legal persons;
- Establishes standards for trust services, particularly for electronic transactions;
- Establishes a legal framework for electronic signatures, electronic seals, electronic time validations, electronic documents, electronic certified delivery services, and services related to website authentication certificates.
The application of the provisions contained in the eIDAS regulation, in summary, enablesdigital interactions between citizens, businesses and public administrations, increasing the level of security and effectiveness of digital user identification systems and the set of related data collected and recorded in electronic form.