The DNIe issuance regulations are modified to protect minors in the use of the Internet

On November 23, it was published in the BOE on Royal Decree 869 / 2013, of November 8, amending Royal Decree 1553/2005, of 23 December, which regulates the issuance of the national identity document and its electronic signature certificates. The Royal Decree of 2005 allows the elderly to enjoy the full capacity to accredit electronically the identity and other personal data of the holder contained therein, as well as the identity of the signatory and the integrity of the documents signed with the devices of electronic signature, in the terms provided for in Law 59/2003, of 19 December, on electronic signatures.

According to the explanatory memorandum to Royal Decree 869/2013, various bodies of the General State Administration, in order to achieve greater protection of children in the use of the Internet, have shown interest in all citizens, regardless of age, can prove their identity by electronic means, considering that the national electronic identity document could be the best means for this purpose.

The modifications introduced by Royal Decree 869/2013, among other aspects, allow the accreditation of the identity of all citizens, including minors, by electronic means, and at the same time reserves the ability to perform the electronic signing of documents to the elderly and who enjoy full capacity to act. In this sense, a paragraph has been added to article 1.4 of the Royal Decree with the following wording:

4. Likewise, the National Identity Document allows Spaniards of legal age and who have the full capacity to carry out the electronic identification of their holder, as well as to carry out the electronic signature of documents, in the terms provided by Law 59 / 2003, of 19 December, of electronic signature.

“In the case of Spanish minors, or who do not enjoy full capacity to act, the national identity document to contain, only, the utility of the electronic identification, issuing with the respective certificate of authentication activated ”.

On the other hand, the provisions of the Royal Decree have been modified to make it easier for citizens to present both the certificate and the registration form for proof of address in the cases of the following:eres issuances of the national identity document. The validity period of this document has been reduced from five to two years when the applicant is under five years old, an age range in which the appearance of its holder changes very quickly, technical modifications have been incorporated in the taking of fingerprints in cases in which they cannot be performed on the index fingers, and certain aspects of the regulations have been clarified that, currently, may raise doubts about the meaning of the same.

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