ON DIGITAL IDENTITY, DEMOCRACY & HUMAN RIGHTS (PART I)
- THE RIGHT
Notions of natural and inalienable rights, and of being a human being born with such inherent entitlements cannot and do not operate in a vacuum — they require both a ‘who’ and a ‘where’. In the present day, the ‘who’ and the ‘where’ become manifest in both the virtual and the tangible arenas; the two threads are tatted into ornate legal and personal concepts of identity. Herald the phygital, space. It is now undeniable that the digital domain has fully immersed itself into the physical realm[1], or vice versa.
Each person is entitled to an identity, from birth. Elements of this fundamental right[2] include the right to a name and a surname, as well as the right to a nationality[3]. There exists a precondition of recognition of a person in order for them to participate in socio-political and economic life. Ergo, the right to (state) recognition — to an identity — animates all other rights and entitlements. This reveals a complex interplay between legal personhood and one’s very humanity.
Even considering the primacy of this right, the World Bank estimates that there is an ‘identification gap’ of approximately 1.1 billion in the developing world[4]. In a sense, these individuals do not formally exist and are therefore excluded from the many points of engagement between a modern state and its citizens[5]. By way of solution, governments have made commitments[6] towards the provision of legal identities for all, including birth registration, by 2030[7].
Hannah Arendt, one of the most influential political philosophers of the 20th century phrased it as the right to have rights, and illustrated the vital link between state, citizenship, — sometimes, and dangerously, nationality — and rights[8]. This can arguably be construed to mean that people may not have rights qua human, but, rather, that rights depend on membership of a political community, and thus upon recognition[9].
- THE RATIONALE
Everyone has the right to recognition everywhere as a person before the law[10]. The element of registration is critical to the realization of this right, as it provides a secure and trustworthy way to prove one’s identity. To this end, establishment, strengthening or reform of national identification systems[11] (including civil registries) are taking place in multiple countries, and the systems are both digital as well as physical.
National identity schemes can be defined as “government-initiated programs that assign a unique identification number to each targeted participant, which is used for identification verification”[12]. They play an important role in the security, social, economic and political development of the country by identifying a country’s citizens, facilitating voting and promoting economic activities[13].
Over the last few decades, in the Global North, some of the driving forces have included immigration control, counter-terrorism, electronic government or rising rates of identity theft[14]. While there is no clear distinction, some argue that wealthier countries have chiefly used and do use identification systems mainly in spheres relating to surveillance for security and policing purposes[15]. On the other hand, those in the Global South, it has been said, utilize these systems with developmental applications in mind such as fair and democratic elections, and fostering national unity[16].
In the past, settlers and colonial governments introduced identification and registration systems for different purposes. Identity cards were by and large compulsorily introduced to regulate the movement of locals, enforcing payment of tax and recruitment of labour. This is reminiscent of censuses in the ancient world which “were held for purposes of taxation, military conscription, and economic and class control of the social structure. The main reason behind these censuses was to strengthen the central government.”[17] Antecedent to this, indigenous cultures had their own means of identification and verification. Evidence in these societies took the form of tracking familial lineage or kinship connections, as well as geographical positioning. In the present day, we see the proliferation of digital identity systems, the subject of the present series, and they are increasingly biometrically linked. Biometric technology collects, stores and automates pattern recognition of unique biological or behavioural characteristics of individual subjects for purposes of identification.
- EXAMPLES & APPLICATIONS
In addition to establishing ‘who?’ and ‘where?’, these systems also seek to ascertain: ‘are you who you say you are?’.
Most individuals encounter these and participate in the digital identity ecosystem when dealing with private companies[18] and government agencies.
In post-conflict societies which produce huge numbers of refugees and displaced persons who seek to join new or re-integrate into previous communities, one sees the manner in which states of being — who are you and where are you from — are then subject(ed) to proof. There may well be a rights-based argument against placing an evidentiary burden on already vulnerable persons. In Kosovo for example, the interplay was revealed during the interventions by donor countries/multilateral organizations to reconstruct the public cadastre and register valid property rights after the inadvertent loss or intentional destruction of official documents after the long-drawn-out conflict.
Similarly, the United Nations refugee agency UNHCR, has invested in registration and identity management technology in the form of PRIMES[19] (Population Registration and Identity Management Ecosystem) so as to provide better access to opportunities and services for refugees and other forcibly displaced persons. It is premised on the fact that “refugee registration is necessary for monitoring of [….] identification data, state of health and number of refugees. For refugees, the inability to prove their identity has profoundly harmful implications, as a verifiable identity answers not just “who are you?”, but also “what rights do you have?”[20]. UNHCR ensures that records are kept of [peoples’] status, and it helps protect refugees against forced return, arbitrary arrest and detention”. The agency avers that such systems enable it to provide access to aid services and assistance, and foster freedom of movement to help [preserve] the independence of refugees[21].
Governments have much to gain from reaping digital dividends, that is, the benefits that ensue from the use of digital technologies. eGovernment is believed to strengthen the performance of government and public administration. Such measures are especially relevant for countries in sub-Saharan Africa, where public administration is characterized by inefficiency, limited capacity, and poorly-trained personnel[22]. These, in turn, lead to corruption, as well as wasted time and money. Kenya is no exception.
Digitization of processes functions to split front and back offices, reduce (or at times eliminate altogether) face-to-face interaction with dreaded bureaucracies, and enhance transparency; while still offering convenience and saving time.
The government of Kenya has embarked on and implemented initiatives such as Huduma Centres, the E-Citizen portal and the Integrated Financial Management Information System (IFMIS). Identification plays an important role in facilitating citizen interactions with government digitally via the mentioned channels.
Robust identification practices not only allow for improvement in service delivery but also have the potential to reduce the pilferage in government subsidies, facilitate inclusion of right beneficiaries, increase tax collection, enhance the country’s security posture and improve delivery of social programmes.
A more complex system is India’s Aadhaar identification system, one of the world’s largest biometric-based digital identity systems. Aadhaar provided an avenue for digital transactions to take place whilst transforming citizen-centric services. The lack of a valid identity among most of the country’s population perpetuated social exclusion and hindered beneficiaries from gaining access to basic government benefits, such as education, pensions, rations, subsidies, health, and scholarships. Moreover, the unique identity was also intended to help the government to effectively disburse benefits and weed out duplicates[23].
Identification is key for the public health management and the achievement of efficient and effective delivery of health services. The last few decades have seen important reforms centred around the adoption of digital information systems e.g. electronic health records (EHRs) and “e-Health” platforms. These platforms “are often enabled by the creation of stand-alone, or functional, identification systems in the health sector, such as a unique patient ID number and/or card created by the Ministry of Health or the national health insurer and used by all facilities in the country. By allowing for secure and accurate identification and authentication of patients and enabling information exchange, they can increase the efficiency of patient management, improve the quality of treatment, reduce administrative burdens for patients, facilitate access to insurance, reduce fraud, and improve data collection.”[24]
India recognized the potential of digital identification and how it can be leveraged to enhance remote interactions with citizens in offering newer services in a more efficient manner. The system relies on integrating frameworks across a number of core and peripheral socio-economic technologies, such as electronic Know Your Customer, digital locker, unified payment system and online authentication, to name a few[25].
Mention is made above of tech-driven public administrative reform and employment of anti-corruption devices; as well as delivery of social programmes which animate socio-economic human rights and accelerate the inclusion of minority and vulnerable groups. These are some of the markers of human development and democracy. Therefore, we can see how one’s identity — manifest through recognition in the legal realm — interlaces with broader notions of democratic governance and social justice.
If we proceed from the premise that principles of democratic governance require citizen participation; transparency and accountability; respect, protection and promotion of human rights; and the conduct of free, fair and credible elections among others, we can confidently posit that a legal identity and state recognition (a right in and of itself) is a critical thread within the vast tapestry of governance in accordance with the Rule of Law.
Three key constitutional moments in United States’ history which reversed the 3/5ths compromise and recognized formerly enslaved persons as ‘whole’ humans for the purposes of legislative representation and taxation are illustrative here. These are: the 13th amendment to the constitution which freed all enslaved people in the United States; the 14th amendment which granted citizenship to all persons born or naturalized in the United States, including formerly enslaved persons; and the 15th amendment which granted African American men the right to vote. The enfranchisement of African Americans was made possible by the recognition of former slaves as ‘full’ people by law, and was necessary for the activation of rights fought for and attained during the Civil Rights Movement later on.
Kenya’s own constitutional text[26] grants every citizen who has attained the age of eighteen years the right to cast their ballot in secret in any election or referendum. The exercise of this political right is anchored in state identification and verification, as the authentication of age during voter registration is evidenced by an individual’s identity card or national passport[27]. Similarly, during the voting exercise, in the event that KIEMS[28] machines fail to detect one’s biometric data (fingerprint), the voter’s identification card particulars are keyed in to confirm if one indeed is on the (electronic) voter’s register.
Transitional countries which wish to demonstrate their commitment to democratic governance embrace electoral practices in line with international standards, such as the Horn of Africa nation of Somaliland. Somaliland leapfrogged traditional voting methodologies and has become the first ever country to use iris recognition. This has been touted as superior to face and fingerprint recognition technologies, and therefore functions to reduce fraud and voter duplication, and restore public trust[29].
As one might imagine, the data produced by these systems is voluminous — it is Big Data. Rapid urbanization, coupled with the advent of digital technology and big data, meant that smart cities[30] were inevitable. Cities embrace technology to deal with urban development and the challenges arising therefrom, often by collecting massive amounts of data gathered from the daily actions of its inhabitants in order to find the most efficient way to run certain systems[31]. A practical example is found in the transport sector.
Cities such as Barcelona, San Francisco, and London have innovated to create mobility and transport solutions such as smart parking and smart cycling to deal with congestion. In addition, by monitoring city communications infrastructure, using sensor-networks and efficiently phasing traffic lights and providing real-time guidance to drivers, regulation of traffic flow has been facilitated[32].
This shows how the digital or smart city model ensures a steady connection between urbanites, society and public authorities. Digital identification, therefore, represents the ‘virtual umbilical cord’ that links each individual seamlessly to their social and public life[33].
This piece served as a primer on identity in the age of the third and fourth industrial revolution. As part 1, it looked at the primacy of the right and how it serves as a key that unlocks one’s access to and participation in social, political and economic life. Part 2, a counterpoint, will delve into the emerging issues on the subject with more context and complexity, arguing how the right to an identity or to recognition in the digital age at times fosters undemocratic state-citizen relations, leading to violation of the rights of the latter. Part 3 will analyse the uses of such systems for surveillance purposes.
[2] Convention on the Rights of the Child
[3] This right extends to the registration of a child after birth, thereby signifying and formalizing their very existence in law.
[4]http://blogs.worldbank.org/ic4d/counting-uncounted-11-billion-people-without-ids
[5] Gelb & Clark (2013)
[6] Sustainable Development Goal 16.9
[7] The link between identification and development has been the subject of research. Gelb & Clark (2013) note that the “ “identity gap” is increasingly recognized as not only a symptom of underdevelopment but as a factor that makes development more difficult and less inclusive”. The framing of Goal 16 (peace, justice and strong institution) is noteworthy — specifically, it aims to “promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable and inclusive institutions at all levels”.
[8] Recognising Recognition: Hannah Arendt on (the Right to Have) Rights available at https://www.psa.ac.uk/sites/default/files/988_509.pdf
[9] Id.
[10] Article 6 of the Universal Declaration of Human Rights
[11] Such as those interventions under World Bank’s ID4D program
[12] Review of National Identity Programs (ITU-T, 2016)
[13] Kenya’s experience in the identification and registration of persons (https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&cad=rja&uact=8&ved=0ahUKEwiOz_Kk_q7XAhWLIcAKHRnyDy4QFgg4MAM&url=http%3A%2F%2Fwww.registration.apsca.org%2Finfodesk%2Fdocs.php%3Fdownload%3D11742%26event_id%3D156%26year%3D2015&usg=AOvVaw1p970nDTg8QU7SBw1uIX4m)
[14] Bennet & Lyon (2008)
[15] Id.
[16] Review of National Identity Programs (ITU-T, 2016)
[17] http://www.cbs.gov.il/census/census/pnimi_sub_page_e.html?id_topic=1&id_subtopic=4
[18] Many in Kenya are also familiar with identification through utilizing financial products and services such as accessing loans, transferring money and making payments online or through their mobile devices. Digital identity allows financial institutions to carry out their functions with increased accuracy, and to streamline and partially or fully automate many processes (versus physical identity authentication). WEF found that reliance on physical identity protocols introduces inefficiency and error in these processes. Digital identity, therefore, has great potential to improve core financial services processes and open up new opportunities[18]. On the consumer end, it certainly allows them to transact with ease, speed, and convenience.
[19] http://www.unhcr.org/blogs/modernizing-registration-identity-management-unhcr/
[20] World Economic Forum White Paper: Digital Identity On the Threshold of a Digital Identity Revolution available at http://www3.weforum.org/docs/White_Paper_Digital_Identity_Threshold_Digital_Identity_Revolution_report_2018.pdf
[21] Application of biometrics as a means of refugee registration: focusing on UNHCR’s strategy (DEF Journal Development, Environment and Foresight, 2016, Vol. 2, №2, 91–100, ISSN: 2336–6621). The paper adds that the registration of children helps prevent military recruitment, keeps families together and assists the UNHCR in reuniting separated children with their families.
[22] (Schuppan, 2008) and Gubbins (2004) as quoted in ‘ICTs and governance: understanding citizen engagement in the implementation of e-governance in Kenya’. Gatana Kariuki — Int. J. Electronic Governance, Vol. 7, №3, 2015
[23] Digital Policy Playbook 2017: Approaches to National Digital Governance (WEF)
[24] The Role of Digital Identification for Healthcare: The Emerging Use Cases Identification for Development (ID4D) World Bank available at http://pubdocs.worldbank.org/en/595741519657604541/DigitalIdentification-HealthcareReportFinal.pdf
[25] Digital Policy Playbook 2017: Approaches to National Digital Governance (WEF)
[26] Article 38 (3)
[27] The Immigration Department which falls under the Ministry of Interior and Coordination of National Government began issuing the e-passport in 2017, while the National Integrated Identity Management System (NIIMS) process of digital registration and identification of all Kenyans is slated to take off towards the end of 2018.
[28] Kenya Integrated Election Management System
[29] The Conversation: Somaliland’s voting technology shows how Africa can lead the world (Nov 13, 2017)
[30] A smart city is an urban area that uses different types of electronic data collection sensors to supply information used to manage assets and resources efficiently (https://en.wikipedia.org/wiki/Smart_city)
[31] https://www.cbronline.com/news/internet-of-things/smart-cities/top-5-smartest-smart-cities/
[32] https://www.juniperresearch.com/press/press-releases/smart-city-traffic-systems-to-reduce-congestion-fo
[33] https://www.gemalto.com/govt/identity/digital-identity-trends
