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Content Type: Video
In Kenya, if you don’t have an ID, life can be extremely difficult. But for thousands of people across the country, getting an ID can be nigh on impossible. Some Kenyan citizens can’t obtain a national ID because they are registered in the Kenyan refugee database. Often referred to as victims of double registration, their predicaments reveal a deeper problem with ID itself.Now Haki na Sheria - a Kenyan organisation advocating for and supporting the victims of double registration - and three…
Content Type: Long Read
On 8 January 2021, the UK High Court issued a judgment in the case of Privacy International v. Investigatory Powers Tribunal. The Secretary of State for Foreign and Commonwealth Affairs and Government Communication Headquarters (GCHQ) appeared as interested parties to the case.
After our initial reaction, below we answer some of the main questions relating to the case.
NOTE: This post reflects our initial reaction to the judgment and may be updated.
What’s the ruling all about?
In…
Content Type: Frequently Asked Questions
On 8 January 2021, the UK High Court issued a judgment in the case of Privacy International v. Investigatory Powers Tribunal. The Secretary of State for Foreign and Commonwealth Affairs and Government Communication Headquarters (GCHQ) appeared as interested parties to the case.
After our initial reaction, below we answer some of the main questions relating to the case.
NOTE: This post reflects our initial reaction to the judgment and may be updated.
Content Type: Report
Many countries in the world have existing ID cards - of varying types and prevalence - there has been a new wave in recent years of state “digital identity” initiatives.
The systems that states put in place to identify citizens and non-citizens bring with them a great deal of risks.
This is particularly the case when they involve biometrics - the physical characteristics of a person, like fingerprints, iris scans, and facial photographs.
Activists and civil society organisations around the…
Content Type: Report
A common theme of all major pieces of national jurisprudence analyzing the rights implications of national identity system is an analysis of the systems’ impacts on the right to privacy.
The use of any data by the State including the implementation of an ID system must be done against this backdrop with respect for all fundamental human rights. The collection of data to be used in the system and the storage of data can each independently implicate privacy rights and involve overlapping and…
Content Type: Report
National identity systems naturally implicate data protection issues, given the high volume of data necessary for the systems’ functioning.
This wide range and high volume of data implicates raises the following issues:
consent as individuals should be aware and approve of their data’s collection, storage, and use if the system is to function lawfully. Despite this, identity systems often lack necessary safeguards requiring consent and the mandatory nature of systems ignores consent…
Content Type: Report
While identity systems pose grave dangers to the right to privacy, based on the particularities of the design and implementation of the ID system, they can also impact upon other fundamental rights and freedoms upheld by other international human rights instruments including the International Covenant on Civil and Political Right and the International Covenant on Economic, Social and Cultural Rights such as the right to be free from unlawful discrimination, the right to liberty, the right to…
Content Type: Report
Rather than providing a list of arguments, as is the case in the other sections of this guide, the fifth section provides a general overview describing the absence of consideration of these themes in existing jurisprudence and the reasons why these themes warrant future consideration including identity systems’ implications for the rule of law, the role of international human rights law, and considerations of gender identity.
Democracy, the Rule of Law and Access to Justice: This analysis of…
Content Type: Long Read
Background
Kenya’s National Integrated Identity Management Scheme (NIIMS) is a biometric database of the Kenyan population, that will eventually be used to give every person in the country a unique “Huduma Namba” for accessing services. This system has the aim of being the “single point of truth”, a biometric population register of every citizen and resident in the country, that then links to multiple databases across government and, potentially, the private sector.
NIIMS was introduced…
Content Type: Case Study
In early May 2019, it was revealed that a spyware, exploiting a vulnerability in Facebook’s WhatsApp messaging app, had been installed onto Android and iOS phones. The spyware could be used to turn on the camera and mic of the targeted phones and collect emails, messages, and location data. Citizen Lab, the organization that discovered the vulnerability, said that the spyware was being used to target journalists and human rights advocates in different countries around the world. The spyware…
Content Type: News & Analysis
On 30 January 2020, Kenya’s High Court handed down its judgment on the validity of the implementation of the National Integrated Identity Management System (NIIMS), known as the Huduma Namba. Privacy International submitted an expert witness testimony in the case. We await the final text of the judgment, but the summaries presented by the judges in Court outline the key findings of the Court. Whilst there is much there that is disappointing, the Court found that the implementation of NIIMS…
Content Type: Impact Case Study
What HappenedOn 5 June 2013, The Guardian published the first in a series of documents disclosed by Edward Snowden, a whistleblower who had worked with the NSA. The documents revealed wide-ranging mass surveillance programs conducted by the USA’s National Security Agency (NSA) and the UK’s Government Communications Headquarters (GCHQ), which capture the communications and data of hundreds of millions of people around the world. In addition to revealing the mass surveillance programs of the NSA…