Brandie, Nonnecke; Ruhrmann, Henriette; Sampson Geroski, Andreas; (2019) Responsible Digital ID: Effects of Data Governance Policies and Practices on Human Rights. Case Studies from Argentina, Estonia, Kenya, and China. CITRIS and the Banatao Institute

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Abstract

An estimated 1 billion people lack formal identification globally, restricting their ability to meaningfully participate in the economy and society.1 In response, national digital identity (DID) systems are rapidly being deployed by a variety of actors and institutions to provide individuals with formal means of establishing their identity (ID). While these DID systems have the potential to hold great value to individuals, lack of sound data governance policies and practices present risks to individual civil and political rights. Through an analysis of national DID systems in Argentina, Estonia, Kenya, and China, we investigate how data governance policies and practices affect civil and political rights within the areas of data protection, political participation, and inclusion of diverse ethnic identities. We conclude with priority recommendations for national DID system data governance policies and practices that should be implemented to support civil and political rights, including: • Legally binding privacy standards for DID data collection, use, and sharing; • Cybersecurity standards and use of Fair Information Practice Principles (FIPPs) for data collection and use; • Robust and inclusive mechanisms to enable public consultation, auditing, and objection to data collection and use; • Restrictions on use of data to track political ideology and civic behavior; and • Regulatory and technical safeguards for the collection and use of data on vulnerable and marginalized populations. Institutions deploying DID systems should put in place an iterative and multistakeholder review process informed by these recommendations. This process will equip stakeholders to consider the human rights impacts of data governance policies and practices throughout the life cycle of the DID system. National DID systems hold great promise to support an equitable and thriving society, but only if these systems are built on human rights-driven data governance policies and practices.

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