In a significant collaboration, Amnesty International Kenya and the Centre for Intellectual Property Information and Technology (CIPIT) recently launched an Advisory Policy Paper on Implementing Rights Respecting Digital ID in Kenya. This collaborative effort provided valuable insights into the complexities of Kenya’s digital ID initiative and its potential impact on Kenyan citizens with a focus on the key principles that the government should take into account in the rollout and implementation of digital ID.

The joint paper focused on the importance of creating a rights-respecting and data protection-compliant digital ID system in Kenya. It explored justifications for the need for a Digital ID and Unique Personal Identification (UPI). It canvassed the current state on births and registrations in Kenya spotlighting the historical evolution, the challenges of the current system and the measures that the state must take to improve the current system. The policy framework further gave a holistic outlook on reforms required for successful implementation of Digital ID and UPI whilst giving a comparative analysis between UPI, Huduma Namba and the introduced Maisha Namba. Summarily, the policy paper aims to provide a framework that can be utilized to inform regulatory reforms and implementation procedures for Digital ID and UPI while further considering implications to civic education, principles of governance, principles of data protection, resource constraints, and stakeholder engagements.

The discussions during the launch of the Advisory Policy Paper on 31 January 2024 primarily focused on, looking at the right to privacy, data protection and compliance mechanisms within the context of implementing a data protection compliant Digital ID system, and the socio economic risks associated with a non -compliant digital ID system. Discussions further canvassed views from other jurisdictions i.e India on the current state of the Aadhaar system, the benefits, the challenges as well as implementation mechanisms Kenya could borrow and regulatory considerations. Digital ID was also considered from a human rights approach where discussions focused on the need to respect human rights when implementing digital ID systems, human rights issues related to the adoption and implementation of Maisha number and the impact on Kenyan marginalized communities. These discussions were held in panel sessions highlighted further below.

The first panel delved into compliance and data privacy challenges, drawing comparisons with similar systems in India. The panel addressed the need for clear processes and procedures in the Maisha Namba rollout, balancing digital uptake and individual privacy. The discussion underscored the necessity of specific data protection legislation, addressing risks, and proposing legal and social solutions. Mandated consent and post-implementation assessments were discussed, emphasizing the importance of a comprehensive framework for evaluation. This discussion informed the second panel which provided insights from the Indian experience, shedding light on the lack of clarity in resolution mechanisms when governance issues intersected with technology. Giving a comparative analysis between their Aadhaar system and the current Digital ID landscape in Kenya, the discourse emphasized the need for clear processes and procedures in the Maisha Namba rollout, highlighting the need to ensure regulatory frameworks are harmonized with existing data protection legislation.

The third panel ardently addressed ethnic inclusion in the context of Maisha Namba, reflecting on historical experiences and the potential risks of perpetuating ethnic profiling. Advocating for inclusivity by design, panelists urged the government to adopt digital ID systems that incorporated inclusivity from the outset. The importance of public awareness, public participation, civic education , and evaluating human rights implications were key takeaways.

The culmination of these efforts marks a comprehensive approach to navigating the complexities of Kenya’s digital identity landscape. The collaborative paper and panel discussions contribute to the ongoing discourse on responsible digital innovation, where Kenya stands at the crossroads of technological advancement, societal responsibility, and the protection of fundamental human rights. Privacy and data protection are key components to realizing successful adoption and implementation procedures in respect to digital ID. This is in furtherance of establishing a rights respecting digital ID system that considers both the benefits and impact to the users.

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