Contributor: Jonathan Klaaren
Organization: SA Digital ID Law & Technology Overview
Last update:
Chapeau
South Africa currently has an identification act, but it is not a digital ID system. There is currently a draft Digital ID Bill that was proposed a year ago in April. The draft extends the identification database to temporary foreign visitors. It would provide for issuing identity cards that would have biometric data including fingerprints and facial scans. There has been no citizen representation so far. There is a thorough human rights assessment that has ten factors that are examined for the program. As of now there has been no judicial action taken.
Category 1: Stock of legislation / current regulation on digital ID
- On 18 April 2023, a draft National Identification Registration Bill was officially published for public comment, proposing to repeal and replace the 1997 Identification Act. This Bill aims in large part to extend the identification database to temporarily resident foreign nationals (section 3(b)). The replacement law would stick to the documentary nature of identification, providing for issuing identity cards to persons from the age of 10 years (section 15).
- If enacted, the law’s preamble promises to provide a secure and efficient digital system, ensuring the protection of data collected and the privacy of personal information of individuals and supporting the protection of national security interests.
1.2. What is the definition of Digital Identity brought by the Law or regulation, if any?
- None
1.3. Which are the corresponding Data Protection laws, if existing?
- Protection of Personal Information Act 4 of 2013 (POPIA) is enforced by the Information Regulator, along with the Promotion of Access to Information Act 2 of 2000.
1.4. What are the main elements of the Digital ID framework (scope, eligibility criteria, remedies)?
- None
1.5. Are there specific complaint mechanisms foreseen in the Digital ID and Data Protection laws?
- There is a specific enforcement machinery available to persons with complaints and foreseen in the POPIA (ss 73-99), e.g. including reception of complaints, investigations, assessments (decisions), and civil remedies, as well as rights to appeal.
1.6. Was public participation ensured when these were drafted and enacted? How?
- While whatever public participation in the drafting of a law is afforded at the discretion of the drafting department (for instance the publication of the draft National Identification Registration Bill for public comment), the consideration of a draft law once introduced into Parliament is subject to Parliament’s procedures for public participation and buttressed by Constitutional rights of public participation (SA Con section 57).
1.7. Was there a Human Rights Impact Assessment prior to the enactment of the laws?
With respect to impact assessments, new laws or policies with a certain significant level of impact are subject to the Socio-Economic Impact Assessment System.
1.8. Does the country’s Digital ID framework reflect any particular digital ID model existing elsewhere (e.g., similar/comparable to X country)?
No.
1.9. What is the interrelation of these Digital ID laws with existing nationality laws (does Digital ID reflect nationality status, is nationality an eligibility criterion or only legal residence)?)
No.
1.10. Court cases: Is there litigation going on? Has there been prior litigation? What are the specifics of those cases (list and summarize)?
No.
1.11. How has Digital ID been rolled out?
N/a
1.12. Has there been any special measures to ensure access for vulnerable and isolated communities (e.g., for PwD, minorities, elderly) such as mobile offices or free legal aid? Are those measures provided for in law?
N/a