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In both Chapters, the Argentine legal concepts and those of the Social e-ID Framework are
related, attempting to identify consistencies, coincidences and discrepancies, if there were any.
Chapter IV contains the conclusions and new opportunities that emerge from the Social e-ID
Framework.
II. Argentine legal framework
The Social e-ID Framework focuses identification from different perspectives. It deals with the
process of individuals’ identification and the documents that are proof of such identity in the
physical world. Also, it considers the issue of individuals’ identification in virtual environments,
for which it refers to the electronic signature and digital signature concepts, and introduces
the electronic authentication concept. In both cases, i.e., applicable to both situations
(identification in physical environments through identity documents and identification in digital
environments), the Social e-ID Framework provides for the use of biometrics.
In the present paper we are going to deal with Argentine regulations referred to these issues.
a.I ndividuals’ identification in physical environments
As the Social e-ID Framework has stated, individuals’ identification is, simultaneously, an
obligation and a right that enables the exercise of other rights: voting, social, educational,
health, taxes, etc. It is a right for individuals and an obligation for the State in its double role: to
establish the mechanisms to prove identity and to ensure its full exercise. With no identification
there is no possibility of enforcing individuals’ rights.
The acknowledgment of a human being’s full legal capacity is a necessary condition for the
effective exercise of his or her economic, cultural, social, and political rights, among others. The
Argentine Republic considers that the identification and documentation of all physical persons
is strategic. To that effect, our country has passed a law that regulates individuals identification,
Law No, 17.671. This regulation assigns an institution of the national public administration, with a
federal scope, the function of identifying, enrolling and issuing the national identity document
to all the inhabitants of our country and the Argentineans who live abroad. (CASAL; 2010)
Such function is assigned to the Citizen National Register, an institution that depends from the
National Ministry of the Interior. Identification of all the visible existence individuals who are
domiciled in the country, or in an Argentine jurisdiction and of all the Argentineans wherever
they are domiciled (art. 1st. Law 17.671), are part of its functions. In its articles, the Law regulates
the competences of the Register, previous created by Law No. 13.482.
This Law No. 17.671, passed in 1968 and called the Identification, Enrolment and Classification
of the National Human Potential Law, also creates the National Identity Document, only valid
document for individuals’ identification in all the extension of the national territory. It assigns
the Register the “exclusive” authority of issuing the National Identity Document (article 11).
This National Identity Document is the only document proof of individuals’ identity in
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