Myanmar: Human Rights Analysis of Biometric Digital ID Systems 3.3 Jamaica Jamaica has sought to establish the National Identification System (NIDS) under the National Identification and Registration Act 2017,106 among other things to enhance the efficiency of public services. The system relied on biometric data, including fingerprints, footprints and photographs,107 to verify citizens’ ID, based on a unique ID number for purposes of verification.108 However, Jamaica’s Constitutional Court struck down the Act in 2019,109 requiring the government to develop new legislation for the system.110 In striking down the Act, the Court held that the “compulsory taking of biographical and biometric data” violated the right to privacy, which is protected under the Jamaican Constitution. The law did not employ a “data minimisation” approach, which would have met its objectives while collecting the minimal amount of data necessary.111 Furthermore, the law lacked sufficient safeguards against the misuse of collected data, allowed for third party access to the database without adequate safeguards112 and did not provide for independent oversight.113 The Court found it troubling that the National Identification and Registration Authority was proposing to give government control over large amounts of data without ensuring that individuals had the right to opt-out of the data collection. The judgment also expressed concern about a plan to link different silos of data together via a unique identification number; information about a single individual transaction might provide little insight into private behaviour but aggregating information about many transactions could provide a much deeper profile of an individual’s behaviour. This could mean “reducing anonymity even further and increasing the possibility of profiling and generating new information about the data subject.”114 4. Recommendations Based on international human rights standards, constitutional decisions by leading national courts and challenges faced when implementing digital ID systems in other countries, we make the following recommendations for Myanmar as it considers a biometric digital ID regime: 106 The National Identification and Registration Act (2017). Available at: https://opm.gov.jm/wpcontent/uploads/2017/06/The-National-Identification-and-Registration-Act-2017-final-passed.pdf. 107 Jamaica Observer, Implementation of National ID System a Must, 24 June 2017. Available at: http://www.jamaicaobserver.com/latestnews/Implementation_of_National_ID_system_a_must_%26%238211%3B_ OPM. 108 National Identification System (NIDS), Government of Jamaica. Available at: https://opm.gov.jm/portfolios/national-identification-system/. 109 Robinson, Julian v. The Attorney General of Jamaica, [2019] JMFC Full 04, 12 April 2019. Available at: https://supremecourt.gov.jm/content/robinson-julian-v-attorney-general-jamaica. 110 Jamaica Observer, Gov't vows to push national ID system, 28 March 2020. Available at: http://www.jamaicaobserver.com/news/gov-t-vows-to-push-national-id-system_190837-2?profile=1373. 111 Robinson, Julian v. The Attorney General of Jamaica, note 109, para. 250. 112 Ibid., para. 251. 113 Ibid., para. 249. 114 Ibid., para. 237. - 18 -