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Access Now, JFJ join forces against Jamaica’s new national identification bill

International non-profit organisation Access Now, in coalition with several local lobby entities, has submitted its recommendations to the Jamaican Government as civil society raises alarm at the National Identification System (NIDS).

Access Now, in a statement on Tuesday (March 16), noted that the coalition outlined urgent recommendations on the inclusion of guiding human rights principles, processing of personal data, governance and accessibility. The appeal for transparency came after the coalition, led by Access Now, filed a comprehensive submission to the Joint Select Committee of Parliament, which continues to review the National Identification and Registration Act 2020. 

“The current identification options available in Jamaica are divisive, and exclude some citizens, particularly members of vulnerable groups,” said Verónica Arroyo, Policy Associate at Access Now. “So while the idea of introducing a new digital ID bill seems laudable, there is real risk that a new system could create more problems than it solves. To be successful, the process now underway must ensure the system is people-centred, human rights-respecting, and compliant with the recently passed Data Protection Act.” 

The coalition’s submission to the Joint Select Committee, which Our Today has obtained a copy of, was made in February and filed on behalf of Access Now, Jamaicans For Justice (JFJ), the SlashRoots Foundation, Combined Disabilities Association (CDA), Jamaica Computer Society (JCS), Open Society Foundations – Justice Initiative, Jamaica Youth Advocacy Network (JYAN), Caribbean Vulnerable Communities Coalition (CVC), Jamaica Network of Seropositives, Equality Jamaica (formerly known as JFLAG), Stand Up For Jamaica, and Jamaica Accountability Meter Portal. 

The submission highlights the aspects of the bill that are potentially dangerous for Jamaicans’ privacy and security and that create pathways to discrimination and exclusion.

These include the collection of biometric data, a centralised interoperable database, lack of an independent authority, and the risk of the ID becoming a de facto, mandatory document for accessing services. 

Led by Jamaicans for Justice and Slashroots, key recommendations in the submission include:

Firstly, for the Government to minimise the collection of data to obtain legal identification. 

Acknowledging that the NIDS bill proposes the collection of more than 20 types of data, including facial images and fingerprints, the government’s attempt to collect this data is disproportionate to the purported objectives of the bill. 

“Access Now discourages the use of biometrics in digital identity systems as they pose a danger to individual rights — such as the recent exposure of hundreds of thousands of migrants’ records — and introduce risks and potential flaws to the identification system,” the coalition argued.

Second, to design rules on disclosure of information and verification of identity.

According to the coalition, the bill opens up possibilities for arbitrary disclosure and misuse of personal data, including logs of where and when a person has used the ID to verify their identity. 

“To protect Jamaicans’ privacy rights, information should only be shared from the system for the act of authenticating a person’s identity, and not for any other additional purposes,” Access Now explained.

“The submission proposes guaranteeing personal agency over the authentication record, restricting the disclosure options, clarifying who third parties are, and guaranteeing transparency and notification prior to disclosure,” the digital rights organisation added.

And thirdly, establishing an independent authority shielded from political influence.

The submission further noted that the NIDS bill establishes the overseeing authority as an agency of government under the Ministry of National Security, which puts the management of the platform at immediate risk of changing political directorates. 

The authority should be established as a Commission of Parliament or as another form of independent body, impartial and without political sway. 

“This is not the first attempt to establish a digital ID system in Jamaica,” said Carolyn Tackett, Deputy Advocacy Director at Access Now. “Last time, the act was declared unconstitutional by the Supreme Court for violating human rights. Unlike then, civil society now has the chance to propose recommendations, and we hope the government takes this opportunity to take part in a dialogue with us, and work toward a safer system that places human rights at its core.”  

Established in 2009, Access Now has risen to becoming one of the leading non-aligned organisations to defend and extend the digital rights of users at risk globally. 

As of 2020, Access Now has legal entities in Belgium, Costa Rica, Tunisia, and the United States, with its staff, operations, and activities distributed across all regions of the world.