Government’s Digital Identity Card Bill 2023 which seeks to establish a registry of identity data for citizens 14 years and over saw support from both sides of the House on Thursday morning.
Passed after a marathon sitting of Parliament that began on Wednesday morning, the Bill caters for the establishment of a Digital Identity Card Registry for the collection of data for citizens 14 years and over, and certain non-citizens specified in the Bill for the purpose of issuing a citizen Digital Identity Card and a non-citizen Digital Identity Card. These cards will facilitate electronic governance and enhance government and other services.
While, the Bill provides that the Digital Identity Cards are not replacement cards for the National Identification Card issued under the National Registration Act, Part III of the Bill provides for the features of a Digital Identity Card – which shall be an official document. The Bill states that “It is sufficient and necessary to lawfully identify the person doing any business with a public body or private sector entity, whether in person or online within Guyana or in any country that has a reciprocal agreement with Guyana for the use of the card.”
Part II of the bill provides for the establishment of the Digital Identity Card Registry in which certain categories of citizens and non-citizens will provide their data that are therein set out.
According to the Bill, citizens of Guyana 14 years and over are required to provide their identity data. Noncitizens who are nationals of a Caribbean Community State, who have entered Guyana under section 12 of the Immigration Act to exercise their rights and privileges conferred on them by the Caribbean Community (Free Entry of Skilled Nationals) Act and the Caribbean Community (Movement of Factors) Act, and non-citizens who are not nationals of a Caribbean Community State, who have been granted approval to work in Guyana under section 12 of the Immigration Act, are required to provide their identity data and authority to work.
There shall be two central databases, one for the data of citizens and the other for the data of non-citizens.
The documents required for the issuance of a Digital Identity Card are a person’s birth certificate, a document to reliably identify the person and lawful authority to work.
A Digital Identity Card may be modified, renewed, replaced or cancelled provided the relevant data required, as well as the pertinent documents to accredit any change requested in the Digital Identity Card, are provided.
Furthermore, the Digital Identity Cards shall be cancelled on the death of the holder of the Card, judicial declaration of nullity of the Card, and in such other cases as may be provided for regulations made by the Commissioner in consultation with the Minister.
Fingerprints
Data to be entered in a Digital Identity Card shall be digital. Such data of the person include names and surnames, date and place of birth, a coloured photo, a unique identification number and the fingerprints of the fingers of both hands.
Protection of data collected shall be in accordance with the requirements for protection of data under the Data Protection Act. Digital Identity Cards shall be made with high security materials and elements that offer durability, and reliability and exclude any possible alteration, that they cannot be the object of any fraud and consequently guarantee the identity of the holder of the cards.
Additionally, in creating and designing the Digital Identity Cards, the Commissioner shall take in account relevant international standards.
There shall be coordination between the Registry and the public bodies that issue official documents required for the issuance of Cards and updating of a person’s data in the central databases, for the purpose of authentication of the documents necessary for the issuance Cards, and updating and validating of the data in the central databases of the Registry. The bodies include the General Register Office of the Registrar General of Births and Deaths established under the Registration of Births and Deaths Act, the Commissioner of Registration and the Immigration Support Service department.
Part IV of the Bill provides for Offences such as if the person knowingly submits data at more than one Registry for the issue to him/her of more than one Digital Identity Card; if the person uses a falsified or altered Digital Identity Card, if the person falsifies or alters a Digital Identity Card, and if the person has in his possession a Digital Identity Card which he knows is falsified or altered.
It is an offence to use a falsified or altered Digital Identity Card and the penalty for the commission of an offence is a fine of five million dollars and imprisonment for years.
Meanwhile, Attorney General, Anil Nandlall who was acting Prime Minister during the last sitting of the National Assembly stressed that the Bill is another fundamental step that the government is taking in the direction of digitizing business in the public sector and naturally it will have an impact in the private sector “and also moving our central government systems into an electronic and digital mode.”
APNU+AFC Member of Parliament, David Patterson in his presentation stressed the opposition’s support to the Bill. “On behalf of this side of the house I would like to say we do support this Bill.”
