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Content Type: News & Analysis
In a ruling handed down on 14 October 2021 by the High Court of Kenya in relation to an application filed by Katiba Institute calling for a halt to the rollout of the Huduma card in the absence of a data impact assessment, the Kenyan High Court found that the Data Protection Act applied retrospectively.
Background to the case
Huduma Namba as initially proposed
In January 2019, the Kenyan Statute Law (Miscellaneous Amendment) Act No. 18 of 2018 came into effect, introducing a raft of amendments…
Content Type: Video
In Kenya, if you don’t have an ID, life can be extremely difficult. But for thousands of people across the country, getting an ID can be nigh on impossible. Some Kenyan citizens can’t obtain a national ID because they are registered in the Kenyan refugee database. Often referred to as victims of double registration, their predicaments reveal a deeper problem with ID itself.
Now Haki na Sheria - a Kenyan organisation advocating for and supporting the victims of double registration - and three…
Content Type: Long Read
For over 20 years with the start of the first use of ICTs in the 1990s, we have seen a digital revolution in the health sector. The Covid-19 pandemic significantly accelerated the digitalisation of the health sector, and it illustrates how fast this uptake can be and what opportunities can emerge; but also, importantly, the risks that it involves.
As we've said many times before, whilst technologies can be part of the solution to tackle some socio-economic and political challenges facing our…
Content Type: News & Analysis
After almost 20 years of presence of the Allied Forces in Afghanistan, the United States and the Taliban signed an agreement in February 2020 on the withdrawal of international forces from Afghanistan by May 2021. A few weeks before the final US troops were due to leave Afghanistan, the Taliban had already taken control of various main cities. They took over the capital, Kabul, on 15 August 2021, and on the same day the President of Afghanistan left the country.
As seen before with regime…
Content Type: News & Analysis
This article was written by Abdías Zambrano, Public Policy Coordinator at IPANDETEC, and is adapted from a blog entry that originally appeared here.
Digital identity can be described as our digital personal data footprint, ranging from banking information and statistics to images, news we appear in and social network profiles, interactions with and in digital platforms, and information contained in private and public repositories. Our whole life is online, often leaving us with little choice…
Content Type: News & Analysis
Legislation to "strengthen the integrity of UK elections and protect our democracy" through the Elections Integrity Bill was introduced to parliament this week.
This legislation will require people, for the first time in Great Britain, to show a state-issued photo ID, such as a driving license or passport, in order to exercise their right to vote, perhaps by the 2023 General Elections. The changes would affect elections in England, Scotland and Wales while voters in Northern Ireland are already…
Content Type: Video
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Content Type: Long Read
This report is available in English.
La mayoría de los documentos nacionales de identidad y demás documentos emitidos por autoridades estatales incluyen un marcador de género. Estos marcadores suelen recibir el nombre de “marcador de sexo” aunque este término no sea preciso. La presencia de dichos marcadores, especialmente en los certificados de nacimiento, promueve el énfasis de nuestra sociedad en el género como criterio de asignación de identidades, roles y responsabilidades sociales. Al…
Content Type: Long Read
Este informe está disponible en español.
Most national ID or identifying documents include a gender marker. This is often known as a 'sex marker,' even though the term is inaccurate. The presence of such markers, especially on birth certificates, contribute to our society’s emphasis on gender as a criterion for assigning identities, roles and responsibilities within society. With gender being such a determining and dominant identifier, it puts it at the centre of so many arrays of our…
Content Type: Long Read
As we see Covid-19 vaccination programmes beginning around the world, for the first time since the start of the pandemic there seems to be a light at the end of the tunnel as the fruition of truly unrivalled global scientific efforts has given us hope of saving lives, reopening our societies, and going back to “normal”.
This great moment of hope must not be seen opportunistically as yet another data grab. The deployment of vaccines, and in particular any “immunity passport” or certificate…
Content Type: News & Analysis
Le « Fonds fiduciaire d’urgence de l’Union européenne en faveur de la stabilité et de la lutte contre les causes profondes de la migration irrégulière et du phénomène des personnes déplacées en Afrique » (le « fonds fiduciaire pour l’Afrique ») ne fait pas les grands titres (et il est plutôt difficile à retenir), mais son influence est vaste et aura des conséquences pendant plusieurs décennies sur la vie de millions de personnes sur le continent africain.
Mis en place suite à la « crise…
Content Type: News & Analysis
The “EU Trust Fund for Stability and Addressing Root Causes of Irregular Migration and Displaced Persons in Africa” (EUTF for Africa) isn’t exactly headline news (and nor does it exactly roll off the tongue), but its influence is vast and will be felt for decades to come for millions of people across Africa.
Set up in the wake of the 2015 ‘migration crisis’ in Europe and largely made up of money earmarked for development aid (80% of its budget comes from development and humanitarian aid funds…
Content Type: Report
Many countries in the world have existing ID cards - of varying types and prevalence - there has been a new wave in recent years of state “digital identity” initiatives.
The systems that states put in place to identify citizens and non-citizens bring with them a great deal of risks.
This is particularly the case when they involve biometrics - the physical characteristics of a person, like fingerprints, iris scans, and facial photographs.
Activists and civil society organisations around the…
Content Type: Video
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Content Type: Long Read
Immunity Passports have become a much hyped tool to cope with this pandemic and the economic crisis. Essentially, with immunity passports those who are 'immune' to the virus would have some kind of certified document - whether physical or digital. This 'passport' would give them rights and privileges that other members of the community do not have.
This is yet another example of a crisis-response that depends on technology, as we saw with contact-tracing apps. And it is also yet another…
Content Type: Explainer
Definition
An immunity passport (also known as a 'risk-free certificate' or 'immunity certificate') is a credential given to a person who is assumed to be immune from COVID-19 and so protected against re-infection. This 'passport' would give them rights and privileges that other members of the community do not have such as to work or travel.
For Covid-19 this requires a process through which people are reliably tested for immunity and there is a secure process of issuing a document or other…
Content Type: News & Analysis
Humanitarian organisations are defined by their commitment to core, apolitical principles, including: humanity, impartiality, neutrality, independence and to “do no harm”.
And yet the ways data and technology are being used in the world today are often far from being apolitical, humane, impartial, neutral and independent, and in many instances many actors are using technology to exploit people, failing to protect and empower many individuals and communities - in particular those most in need…
Content Type: Advocacy
Privacy International welcomed the opportunity to contribute to the consultation on the Principles on Identification for Sustainable Development. Valuable lessons have been learnt, particularly in the last few years, on the serious consequences of identity systems. We have seen challenges in court that have found that key provisions of these systems are incompatible with the right to privacy enshrined in constitutions. We have seen civil society organisations highlighting the serious risks…
Content Type: Case Study
Having a right to a nationality isn’t predicated on giving up your right to privacy - and allowing whichever government runs that country to have as much information as they want. It is about having a fundamental right to government protection.
For the first time since 1951, Assam - a state in the north east of India - has been updating its national register of citizens (NRC), a list of everyone in Assam that the government considers to be an Indian citizen. The final version, published in…
Content Type: News & Analysis
Unlikely as it may seem, the UN institution that has one of the greatest potential to impact upon people’s rights around the world is now the UN Statistics Division. And why is that?
Last week, they had a crucial meeting where they endorsed the UN’s Legal Identity Agenda and the UN’s Legal Identity Task Force. The stakes could hardly be higher. One of the UN’s Sustainable Development Goals, SDG 16.9, states that “by 2030 provide legal identity for all including free birth…
Content Type: Long Read
Background
Kenya’s National Integrated Identity Management Scheme (NIIMS) is a biometric database of the Kenyan population, that will eventually be used to give every person in the country a unique “Huduma Namba” for accessing services. This system has the aim of being the “single point of truth”, a biometric population register of every citizen and resident in the country, that then links to multiple databases across government and, potentially, the private sector.
NIIMS was introduced…
Content Type: Advocacy
Privacy International welcomes this opportunity to submit comments to the FATF consultation. The draft recommendation is an improvement on existing guidance that we have reviewed.
We also welcome the calls of the FATF for accommodations that will relieve burdens upon individuals who are being excluded from the financial sector, as a result of the FATF’s prior recommendations.
PI believes that identity systems must empower people. The initial question surrounding the development of any…
Content Type: News & Analysis
On 30 January 2020, Kenya’s High Court handed down its judgment on the validity of the implementation of the National Integrated Identity Management System (NIIMS), known as the Huduma Namba. Privacy International submitted an expert witness testimony in the case. We await the final text of the judgment, but the summaries presented by the judges in Court outline the key findings of the Court. Whilst there is much there that is disappointing, the Court found that the implementation of NIIMS…
Content Type: News & Analysis
This creates a restraint on all people who merely seek to do as people everywhere do: to communicate freely.
This is a particularly worrying development as it builds an unreliable, pervasive, and unnecessary technology on top of an unnecessary and exclusionary SIM card registration policy. Forcing people to register to use communication technology eradicates the potential for anonymity of communications, enables pervasive tracking and communications surveillance.
Building facial recognition…
Content Type: Long Read
Photo by Nadine Shaabana on Unsplash
Digital identity providers
Around the world, we are seeing the growth of digital IDs, and companies looking to offer ways for people to prove their identity online and off. The UK is no exception; indeed, the trade body for the UK tech industry is calling for the development of a “digital identity ecosystem”, with private companies providing a key role. Having a role for private companies in this sector is not necessarily a problem: after all, …
Content Type: Advocacy
The UK government's Department for Digital, Culture, Media and Sport, along with Government Digital Services, made a Call for Evidence on Digital Identity.
In our response, Privacy International reiterated the need for a digital identity system to have a clear purpose, in this case to enable people to prove their identity online to access services. We highlighted the dangers of some forms of ID (like relying on a centralised database, unique ID numbers, or the use of biometrics). The…
Content Type: News & Analysis
The Irish Data Protection Commissioner has made a ruling on the controversial Public Services Card (PSC) that has described much of what is is done with the card as unlawful. The PSC has proven controversial: introduced in 2012 for welfare claimants, it's use expanded to more and more uses, including its use to get a driving licence or passport. Now, following campaigns from civil liberties organisations, this expansion of use has now been found to be unlawful by Ireland's Data Protection…
Content Type: Examples
In February 2019 Gemalto announced it would supply the Uganda Police Force with its Cogent Automated Biometric Identification System and LiveScan technology in order to improve crime-solving. LiveScan enables police to capture biometric data alongside mugshots and biographical data. CABIS speeds up the biometric matching process by mapping distinctive characteristics in fingerprints, palm prints, and facial images. The Ugandan police will also pilot Gemalto's Mobile Biometric Identification…
Content Type: Examples
In November 2018, Italy's Data Protection Authority advised against a proposal from the country's Interior Minister, Matteo Salvini, to replace "parent 1 and parent 2" on children's national ID cards with "mother and father". Salvini, who campaigned for election earlier in 2018 on a socially conservative platform, also called for gender-specific terms throughout the application and for applications submitted on behalf of under-14s to include permission from both parents. The DPA argued that the…
Content Type: Examples
In November 2016 the UK Information Commissioner's Office issued an enforcement notice against London's Metropolitan Police, finding that there had been multiple and serious breaches of data protection law in the organisation's use of the Gangs Violence Matrix, which it had operated since 2012. The ICO documented failures of oversight and coherent guidance, and an absence of basic data protection practices such as encryption and agreements covering data sharing. Individuals whose details are…