In Rare Bipartisan Moment Parliament Passed Digital Identity Card Bill

Last Thursday, in the wee hours of the morning, the National Assembly passed the Digital Identity Card Bill 2023 with bipartisan support.  The Bill aims to establish a registry of identity data for citizens aged 14 years and older, including for certain non-citizens for the purpose of issuing a citizen Digital Identity Card and a non-citizen Digital Identity Card. These cards are expected to facilitate electronic governance and enhance government and other services.

Per the Bill, “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.”

Guyanese aged 14 and older 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.

It is expected when the Bill is passed to law and becomes operational there will be two central databases, one for the data of citizens and the other for the data of non-citizens.

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.

In. the management of this new system there is expected to be collaboration 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. These 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.