Although many Caribbean countries are eager to implement digital ID systems, four of the numerous challenges and issues that ought be considered, and hopefully managed, are outlined.
Across the Caribbean region, and over the past two years or so, there has been a focus by many countries on establishing a national digital identification (ID) system. Countries, such as Jamaica are in the process of enacting the legislation, whilst already installing the requisite hardware and software, whilst others, such as Barbados and Trinidad and Tobago, are at earlier stages in the process. Many others are still at the discussion stage, and are yet to prepare a cogent policy that could guide the steps to follow.
The average person tends to think about a digital ID as the traditional ID card, but with some biometric (fingerprints, iris scans, etc.) data included. Whilst such an approach might be true, to some degree, the crux to virtually any digital ID, is its ability to authenticate and confirm the identity of its owner. Once the requisite authentication can be successfully completed, access to a platform, and engagement can commence.
In furtherance of the efforts to realise seamless and cohesive Government, and with a digital ID, the current processes that require individuals to interact with government ministries, departments and agencies in person should no longer be necessary. The same digital ID can be transmitted remotely, and thus used to facilitate transactions with Government as needed.
Although the benefits of having a digital ID are widely known, and although as noted above, many Caribbean countries appear to be eager to establish such an ID system, several challenges exist, and are likely to persist. We outline four issues, we believe, should be carefully considered.
1. Countries have been doing just fine without a national ID
Although policymakers might talk a good talk about being eager to establish a digital ID system, the fact is that many Caribbean countries have never had a national ID system in place. Citizens use their passport, driver’s licence, birth certificate, etc., whenever identification documents must be submitted. As a result, there is no real precedent or culture, based on having a national ID system, that could perhaps begin to justify the shift to a digital ID system.
The absence of an already existing national ID system also means that the transition to a digital ID platform could be even more drastic. Completely new systems and processes would need to be implemented, which are far-removed from the current arrangements, and which are likely to result in a steep learning curve for all, along with resistance that would need to be managed.
2. A major re-think of e-government is crucial
Following from the previous point, but regardless of whether a national ID system had already been in place, in order for a digital ID system to be truly effective, the siloed approach in government engagement would need to be revisited. Currently, and even if citizens and businesses can conduct certain government transactions online, frequently, government ministries, departments and agencies are disconnected from each other. Hence if an entity wants to conduct business with government that is not limited to just one department or ministry, the process requirements tend to be quite discrete and ultimately onerous.
One of the objectives of electronic(e-) government is to optimise and streamline government’s systems and processes, in order to more efficiently and effectively attend to the needs of both its internal and external stakeholders. Hence, the implementation of a digital ID system should be integrated into the e-government initiative, as it is a key pillar to achieve seamless government – a key goal of any e-government programme.
3. Constitutional conflicts may occur
In establishing a national digital ID, typically, governments might wish to entrench this form of identification as mandatory, thus requiring all citizens to conform. For example, in Jamaica, the proposed legislation sought to make the taking of biometric and other data compulsory, and also required that every citizen and resident must have an ID card. Hence every citizen and resident was not only be mandated to have a digital ID, but citizens would also be required to comply to the Government of Jamaica having their biometric and other data as needed in order to satisfy its requirements.
However, earlier this year, the Jamaican courts ruled that such provisions were unconstitutional, and ultimately struct down not only the offending sections, but the entire National Identification and Registration Act:
Not only did the court find the provisions unconstitutional, but it also ruled that the remaining provisions could not stand on their own because they are tied to the unlawful provisions.
The PNP, through Robinson as the claimant, had requested several declarations from the court on the basis that certain provisions of the Act infringe particular rights outlined in the Constitution of Jamaica, including the right to security of the person, the right to equality before the law, the right to privacy, the right to a passport, the right to protection of property rights, and the right to due process.
Chief Justice Sykes said the panel of judges had found that the arguments advanced by the State had not justified the place of the provisions in question in a free and democratic society.
In the 309-page written judgement, the panel declared that the Bill is “unconstitutional, null and void insofar as it is intended to make compulsory the taking of biometric and other data so as to provide a national identification number and card for every citizen and resident of Jamaica. The involuntary nature of the policy infringes guaranteed constitutional rights. Furthermore, the statute seeks to prevent access to services both public and private, or to make possible the denial of such services, to citizens who fail to obtain the said national identification”.
(Source: Jamaica Observer)
4. Prohibitive upfront and ongoing costs
Finally, the last point which cannot be overstated, is the fact that rolling out a digital ID system is expensive. Not only does the system comprise the hardware and software to generate a government-compliant digital identity, but also includes the networking, security, upgrade and maintenance support to keep the entire system secure and trustworthy.
However, to a considerable degree, a digital ID system is not a mass market/off-the-shelf product. It needs to be custom built, and generally there are relatively few organisations with the expertise and resources to do so, which affects the price. Further, for the systems that already exist, typically, they are designed to be used by countries considerably more populous that those in the Caribbean. Hence, although it may be possible to downsize and optimise such systems for use in the Caribbean, the decrease in price might end up being relatively marginal, with a still-high per capita price.
Further, many Caribbean countries cannot afford to finance the building and deployment of a national digital ID system internally, and invariably, need external funding through which to do so. However, those funding options, which are likely to be loans – that must be repaid – also come with other constraints and commitments that aligned with the donors’ interest. As a result, the project might not fully satisfy a country’s requirements, which would also be reflected in the final outputs, and ultimately its true usefulness to the country and its citizens.
Additionally, most Caribbean countries have been embarking on their national digital ID initiative individually, and seemingly in isolation to each other. There tends to be considerable advantages to a regional approach, where at the very least, benefits arising for improved economies of scale and scope can be enjoyed. Further, a harmonised approach that applies a common format and/or standard could augur well for matters related to regional integration, such as the free movement of persons, labour across the region and the Single ICT Space.
In summary, although the implementation of digital ID systems across the Caribbean region might be inevitable, the process is likely to be expensive, complex, and even precipitating a re-examination of some of the core values that we hold dear. Arguably, what might be missing in many countries, is a more proactive posture, with a cogent roadmap, in order to more efficiently address inherent and emerging challenges, and to more effectively manage the practical changes, along with the changes in attitude and behaviour, that also must occur.
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Great insight Michelle!
If I were to prioritize or give value to your in the Caribbean context your #2 & #3 reasons are the most challenging…and presents the greatest surface area for innovation and change. In my view it is your #2 – a major re-think of e-government and services pertaining – that presents the best opporunity to break the barriers and progress the digital ID movement.
I believe the citizenry has a right to the services from government to which the government is obliged. I am unanimous that government has the duty of care to ensure the citizenry can be unerringly identified for access to such services. I believe that finding new and more efficient ways to deliver those services is demanded of government. And it is unquestionable that the use of didigtal technologies is a tool for more efficient service delivery. Give the citizenry a reason to make their access more efficient and there, you’re over the hump. The citizenry learn quickly what is in their interest.
As to constitutionality, I would encourage everyone to look at the body of our laws and see how many expressly take a pass on constitutional muster.