biometric identification in India also raises the question that ‘without adequate institutional
safeguards and well-established democratic practices, such a system can result in a greater
concentration of power in the hands of a government, allowing scope for misuse’ (Sen,
2019). As the drive to reduce fraud, impersonation, and costs increasingly requires that a
person has a single digital identity and use only this identity to transact with government,
the stakes become higher: in relation to a person’s existence on the register, the accuracy of
the information recorded, its protection from misuse, and the means by which problems
can be challenged and corrected (Sullivan, 2016, 2018). Thus, it is argued that the
government’s role should rather be ‘identity assurance’ than ‘identity management’
(Whitley, 2018, pp. 23, 46–49).
There have been important efforts to pay attention to these issues. The Good ID initiative
(‘a multi-sector coalition of privacy and security champions’ supported by the Omidyar
Foundation), proposes ‘an approach to identity management that prioritizes data privacy
and security’ (Good ID Explained, n.d., see also Madhukar, 2019). A group of international
development actors developed the Principles for Digital Development, considering the
application of digital technologies to development programs (Waugaman, 2016). The World
Bank Identification for Development Initiative has developed an extensive range of tools
and resources for assessing whether there is an ‘enabling environment’ for its support to be
given to the development of a national identity programme, including a focus on the gaps in
the legal framework around data protection and privacy (World Bank, 2018a, 2018b). The
Bank also led a process to adopt ten ‘Principles on identification for Sustainable
Development’, endorsed by other UN and development agencies, philanthropic
foundations, and private sector actors including the biotech companies, organised under
three broad headings: inclusion (universal coverage and accessibility); design (robust,
secure, responsive, and sustainable); and governance (building trust by protecting privacy
and user rights) (World Bank, 2018c).
Legal identity and discrimination: a bug or a feature?
The first principle of the Principles on Identification for Sustainable Development is that
there should be ‘universal coverage for individuals from birth to death, free from
discrimination’. Hence:
Legal identification should be provided to all residents—not just citizens—
from birth to death set out in international law and conventions and their
own legislative frameworks. This includes the commitment to universal birth
registration for those born on national territory, which is an essential part of
identity management.
Legal, procedural, and social barriers to enroll in and use identification
systems should be identified and mitigated, with special attention to poor
people and groups who may be at risk of exclusion for cultural, political or
other reasons (such as women, children, rural populations, ethnic minorities,
linguistic and religious groups, migrants, the forcibly displaced, and stateless
persons). Furthermore, identification systems and identity data should not be
used as a tool for discrimination or infringe on individual or collective rights.
These are good principles, aimed at ensuring that the potential exclusionary impacts of
identification are minimised, and also emphasising the importance of universal birth
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