Key Principles in Legal Framework for Identity Systems

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The legal framework for identity systems is crucial in ensuring inclusive, secure, and interoperable identification. Key aspects include CRVS registration, biometrics use, data privacy, and governance principles. Establishing infrastructure for unique identity, interfacing systems for service delivery, and deploying innovation ecosystems are vital for effective governance and industry transformation. Principles of identification for sustainable development emphasize inclusion, robust platform design, and safeguarding data privacy. Key design principles focus on accountability, data ownership, and governance within a strong legal environment.

  • Identity systems
  • Legal framework
  • Governance principles
  • Data privacy
  • Sustainable development

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  1. Legal Framework in Identity Systems T Koshy 17thJuly 2017 The better the question. The better the answer. The better the world works.

  2. Setting the Context CRVS Registration & Certification of Vital Events Measuring Characteristics and Trends Identity Management Establishing Identity Authentication for Service Delivery Page 2 17 March 2025 Legal Framework in Identity Systems

  3. Identity Management Clear Focus Use of Biometrics Channel for Collection, Verification & Transmission Personal Data Central Electronic ID repository Authentication for Service Delivery Value Added Services through ID platform E Sign E Stamping Digital Locker Page 3 17 March 2025 Legal Framework in Identity Systems

  4. Identity Management Ecosytem Building on e-ID Build e-ID Building around e-ID Building on e-ID Building around e-ID Build e-ID Establishing infrastructure to provide every resident a unique identity Interfacing ID systems to service delivery (government and private sector enterprise) to improve efficiencies and reduce leakages Deploying an innovation ecosystem around the ID and bring about transformation of governance and industry e-ID aids in overcoming challenges faced by the governments in providing effective and efficient service delivery Page 4 17 March 2025 Legal Framework in Identity Systems

  5. Principles of Identification for Sustainable Development 1 Inclusion Universal Coverage and Accessibility Design 2 Robust, Secure, Responsive, Interoperable identity platform, Technology neutrality and Operational sustainability Governance 3 Safeguarding data privacy, security, and user rights; Institutional accountability and Independent oversight and grievance management Source: Principles of Identification for Sustainable Development: Towards the Digital Age Page 5 17 March 2025 Legal Framework in Identity Systems

  6. Key Design Principles for a Legal Framework 1 2 3 Accountability Data Data Ownership Governance A strong legal framework provides the basis for a robust legal environment that promotes trust in the design, implementation and use of unique ID in a country Page 6 17 March 2025 Legal Framework in Identity Systems

  7. Accountability Communication Framework and Transparency Citizens/Legal Residents Ensuring accountability through Clearly defined rules for data collection, compilation and storage Data Owner Institutions & Agencies that collect/store enrolment data Enforce Compliance to stated rules and procedure for collection, compilation and storage of data Data Holder A robust communication framework; governed by rules on data sharing amongst parties (data owner, holder and consumer); Private/Public organizations which uses the data for service fulfilment Data Consumer Specify Responsibility and Ensure Accountability of stakeholders Page 7 17 March 2025 Legal Framework in Identity Systems

  8. Accountability Legislative Provisions Adequate safeguards and penalties against unauthorized data access and usage Adequate safeguards and penalties for identity impersonation at the time of enrolment Clear expectations & penalties for mandated service commitments Penalties for non-compliance with authorized disclosure requirements Adequate protocols for data breach notifications and actions by stakeholders Clearly articulated penal provisions ensure adequate safeguards against non- compliance to on data privacy and disclosure Page 8 17 March 2025 Legal Framework in Identity Systems

  9. Data Ownership Consent Architecture The access to any identity linked data is the prerogative of the individual There should be no blanket consent for public use, around the information provided as a part of the enrolment procedure Function creep should be prevented by ensuring that data collected for one purpose is not used for another without prior consent An effective legal framework for managing national identities should be based on the principles of purpose and prior informed consent Page 9 17 March 2025 Legal Framework in Identity Systems

  10. Data Governance Protection of Personally Identified Information (PII) Individual privacy rights to protect individuals, permit them to access their personal information and wherever necessary , to challenge/correct inaccuracies Page 10 17 March 2025 Legal Framework in Identity Systems

  11. Elements of Legal Framework for National Identity Incorporation of the right legislative principles and information protection protocols should culminate in the articulation of a clear and effective National Act for Identity, with adequate constitutional validity to enforce the stated provisions. Page 11 17 March 2025 Legal Framework in Identity Systems

  12. Linkages between CRVS and National ID law Circular and dynamic linkages for universal coverage Legislative provisions for data transmission and storage Legal requirement of CR certificate/s as breeder document/s A legal framework conducive to a centralized organization can facilitate communication between information systems and enables nationwide harmonization of registration and data standards Page 12 17 March 2025 Legal Framework in Identity Systems

  13. Thank You Page 13 17 March 2025 Legal Framework in Identity Systems

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