Digital ID Overview

overview_background_image

While it is yet to be rolled out, in February 2024, Samoa’s digital ID system as well as its main legislative framework were envisioned under the National Digital Identification Act (the Act) as a part of the country’s CRVS framework. [10]This framework will introduce a unique 10-digit identification number (SDIN) and create a national identity database which will store biometric information of applicants. [11]The objectives of the National Digital Identification System (NDIDS), outlined in the Act, are “to provide a modern national digital identification system for the registration of a citizen and a resident of Samoa; (b) to provide a digital, unique, legally recognised identity for a registered person; and (c) to provide a function for authentication of a registered person, while protecting personal data associated with the system.” [12]

In April 2023, Samoa sought out firms to “to provide implementation support and advisory services” such as “technical advisory services on system design and architecture” as well as “vendor oversight and quality assurance for security risk, data protection, [and] digital authentication services delivery for the NDIDS.” [13]The World Bank granted $21 million to Samoa in October 2024 to establish this digital ID system and modernize its existing CRVS system. [14]According to the Samoa Bureau of Statistics, the agency has identified the 2031 Census as a realistic target to finalize the national digital ID process. [15]

In the next ten years, they aim to integrate the system into their legal identity framework as a foundational and functional ID as press releases have stated that the NDIDS will ideally provide a new and primary authoritative foundation for the registration of Samoan populations as well as a “function for authenticating [an individual’s identity] in connection with the provision of services with them”. [16]It is unclear as of May 2023 which services may be attached to the NDIDS.

Those eligible for NDIDS will include Samoan citizens and residents of Samoa. [17]In order to register, one must present proof of identity, including a birth certificate or passport. [18]In absence of these documents, one may also submit “any other official document issued by an appropriate authority in Samoa or overseas as evidence of a person’s identity”. [19]Non-citizens and non-residents cannot apply for the NDIDS, as it is stated in the Act that “no SDIN is assigned to non-citizen and non-resident of Samoa”. [20]Under the Immigration Act (2004), one may apply for permanent residence if they are in good health, character, and standing, and observe the laws of Samoa, among other requirements up to Cabinet and Minister discretion. [21]This provision suggests that it would be possible for a stateless person to apply for permanent residence in Samoa. Therefore, stateless persons may not be excluded from the NDIDS, however, they would first need to gain permanent residency, which could present administrative barriers. There have been no official announcements that the digital ID in Samoa will be mandatory.

Law

law_background_image

Domestic Law and Policy

The National Digital Identification Act (the ‘Act’) outlines the protection and management of the personal data collected from Samoan citizens and residents over the age of 18 within the NDIDS. [22]Those under 18, people with disabilities, senior citizens, and protected others must be registered by a parent, a legal guardian, or a lawful administrator acting on their behalf. [23]Domestic data of individuals under 18 will not be collected. [24]The Act states in its objectives that it aims to provide each registered individual with a unique, legally recognized digital identity while enabling secure authentication through the purposeful protection of personal data associated with the system. [25]The Act details that registration and the issuance to a person of an SDIN, associated token, or an ID credential is not proof of nor will it confer to Samoa citizenship. [26]

The Registrar General and all rolying parties are required under the Act to ensure they abide by the collection and protection requirements connected to personal data. [27]A “rolying party” is any government ministry, department or agency of the Government of Samoa, or any legal entity or person registered with the Registrar General that is entitled to rely on the NDIDS for the authentication of a registered person. [28]Nevertheless, the Act releases the Government of Samoa from any liability from loss or damages “resulting from any malfunction of the NDIDS or any human error, including loss or damage resulting from an incorrect identification or authentication of an individual, unless such is committed in bad faith or the result of willful misconduct or gross negligence. [29]In data breach instances, the data processor relying party, and Registrar General are required to report to all relevant individuals. [30]A registered person may also lodge grievances. [31]However, the mechanisms for filing and resolving complaints are left ambiguous and at the discretion of the Registrar General. [32]

Data Protection

The Act requires integration and coordination of the Passports Act (2008), the Identity Database, and the Register of Births, Deaths, and Marriages. [33]Per the Act, all members in leadership of each are subject to the security, integrity, and confidentiality of registrants’ data. [34]Collection and processing of personal data must be adequate, relevant, and limited to the minimum necessary purposes, retained no longer than needed, and kept accurate, complete, and up to date for its intended present and future purpose. [35]Accordingly, the Registrar General, relying parties, and data processors are expected to implement appropriate technical and administrative measures to ensure accidental, unauthorized, or unlawful destruction, loss, misuse, or access. [36]When personal data breaches occur, the Act details how repairs must be made and the subsequent penalties. [37]There is no evidence to establish that the usage of this data by the government in relation to stateless persons, refugees, or migrant populations could be a violation of fundamental rights to privacy. The biometric data that would be collected are photographic facial images, fingerprints, and signatures. [38]In addition to biographical data (such as name, date of birth, address, and other personal details), everything is expected to be collected and processed solely for the authentication purposes outlined in the Act. [39]If not outlined, this information may not be used beyond digital identification. [40]

International Commitments

On November 15, 2023, the EU Member States and the Organisation of the African, Caribbean, and Pacific States (OACPS) adopted a legal framework addressing the emerging international challenges and changes with data protection and AI. [41]The Samoa Agreement under this framework mandates the “establishment of legal and regulatory regimes, policies, and independent supervisory authorities for data protection.” [42]

Samoa is not a party to treaties specific to digital ID or data privacy and protection. As Samoa continues to develop its digital ID system, it is important to do so in line with its international obligations under the human rights treaties it is party to, including the 1951 Refugee Convention and its 1967 Protocol, the ICCPR, CRC, and CEDAW.

Designed to Include?

The Impact of Digital ID and Legal Identity on Citizenship and Nationality Rights

background_image

Stateless persons are not explicitly mentioned as eligible to apply for the NDIDS and there is not enough information to verify whether or not they would be eligible once the system is implemented. In the current planning phase, it is unclear what the impact of the NDIDS will be on stateless persons in Samoa. The NDIDS will likely not contribute to reducing statelessness as registration in the system does not certify citizenship. [43]

As it continues to roll out, Samoa must ensure that stateless persons without permanent residence have access to a national identity. This will foster greater inclusivity and enable them to benefit from the services tied to the system. With birth registration as a requirement for registering for theස

System: the NDIDS, over 30% of the population which is not registered will be excluded from the NDIDS. [44]This will disproportionately affect women due to the stigma placed on young and unwed mothers in Samoa, who as a result, often register their child’s birth through someone else or don’t register at all, making the registration for the child inaccurate. [45]While Samoa’s digital ID legislation is relatively advanced and comprehensive, especially for the early stage that it is in, the Samoan government should include ways to address these exclusionary factors while designing and planning the rollout of the NDIDS.

1.^

 Kaisarina Salesa and others, ‘Strengthening the Birth Registration System in Samoa: Intelligence Report’ (UNDP 2022) <https://www.undp.org/sites/g/files/zskgke326/files/2023-04/Intelligence%20Report%20on%20Birth%20Registration%20System%20in%20Samoa.pdf>.

2.^

 ‘Immigration & Consular Services’ (Samoa High Commission) <https://samoa.org.nz/visa-passport/> accessed 14 May 2025; ‘Citizenship Services’ (Ministry of the Prime Minister and Cabinet) <https://mpmc.gov.ws/divisions/immigration/citizenship-services/> accessed 14 May 2025.

3.^

Kaisarina Salesa and others, ‘Strengthening the Birth Registration System in Samoa: Intelligence Report’ (UNDP 2022) <https://www.undp.org/sites/g/files/zskgke326/files/2023-04/Intelligence%20Report%20on%20Birth%20Registration%20System%20in%20Samoa.pdf>.

4.^

Committee on the Rights of the Child, Concluding observations on the combined second to fourth periodic reports of Samoa, 12 July 2016, CRC/C/WSM/CO/2-4, available at: https://www.ohchr.org/en/documents/concluding-observations/crccwsmco2-4-concluding-observations-combined-second-fourth

5.^

 Committee on the Rights of the Child, Concluding observations on the combined second to fourth periodic reports of Samoa, 12 July 2016, CRC/C/WSM/CO/2-4, available at: https://www.ohchr.org/en/documents/concluding-observations/crccwsmco2-4-concluding-observations-combined-second-fourth

6.^

 Kaisarina Salesa and others, ‘Strengthening the Birth Registration System in Samoa: Intelligence Report’ (UNDP 2022) <https://www.undp.org/sites/g/files/zskgke326/files/2023-04/Intelligence%20Report%20on%20Birth%20Registration%20System%20in%20Samoa.pdf>.

7.^

 Kaisarina Salesa and others, ‘Strengthening the Birth Registration System in Samoa: Intelligence Report’ (UNDP 2022) <https://www.undp.org/sites/g/files/zskgke326/files/2023-04/Intelligence%20Report%20on%20Birth%20Registration%20System%20in%20Samoa.pdf>.

8.^

Kaisarina Salesa and others, ‘Strengthening the Birth Registration System in Samoa: Intelligence Report’ (UNDP 2022) <https://www.undp.org/sites/g/files/zskgke326/files/2023-04/Intelligence%20Report%20on%20Birth%20Registration%20System%20in%20Samoa.pdf>.

9.^

Kaisarina Salesa and others, ‘Strengthening the Birth Registration System in Samoa: Intelligence Report’ (UNDP 2022) <https://www.undp.org/sites/g/files/zskgke326/files/2023-04/Intelligence%20Report%20on%20Birth%20Registration%20System%20in%20Samoa.pdf>.

10.^

 National Digital Identification Act (2024) <https://www.sbs.gov.ws/documents/act/National_Digital_Identification_Act_2024-_ENG.pdf>; Kaisarina Salesa and others, ‘Strengthening the Birth Registration System in Samoa: Intelligence Report’ (UNDP 2022) <https://www.undp.org/sites/g/files/zskgke326/files/2023-04/Intelligence%20Report%20on%20Birth%20Registration%20System%20in%20Samoa.pdf>.

11.^

Ayang Macdonald, ‘Samoa National Digital ID Project Seeks Services of Advisory Firm’ (Biometric Update, 8 April 2025) <https://www.biometricupdate.com/202504/samoa-national-digital-id-project-seeks-services-of-advisory-firm> accessed 14 May 2025.

12.^

 National Digital Identification Act (2024) s 1(3) <https://www.sbs.gov.ws/documents/act/National_Digital_Identification_Act_2024-_ENG.pdf>.

13.^

Ayang Macdonald, ‘Samoa National Digital ID Project Seeks Services of Advisory Firm’ (Biometric Update, 8 April 2025) <https://www.biometricupdate.com/202504/samoa-national-digital-id-project-seeks-services-of-advisory-firm> accessed 14 May 2025.

14.^

 Vika Waradi and Geetanjali Chopra, ‘Samoans Set to Benefit from Improved National Payments Systems and First-Ever National Digital Identification System’ (World Bank Group, 28 October 2024)

<https://www.worldbank.org/en/news/press-release/2024/10/28/samoans-set-to-benefit-from-improved-national-payments-systems-and-first-ever-national-digital-identification-system> accessed December 2024

15.^

 ‘National ID Division’ (Samoa Bureau of Statistics) <https://www.sbs.gov.ws/national-id/> accessed 14 May 2025.

16.^

‘National ID Division’ (Samoa Bureau of Statistics) <https://www.sbs.gov.ws/national-id/> accessed 14 May 2025.

17.^

National Digital Identification Act (2024) s 18(1) (Samoa).

18.^

National Digital Identification Act (2024) s 19(3) (Samoa)

19.^

National Digital Identification Act (2024) s 19(4) (Samoa).

20.^

National Digital Identification Act (2024) s 19(5d) (Samoa).

21.^

 Immigration Act (2004) s 3(14) (Samoa) <https://samoa.tradeportal.org/media/Immigration_Act_2004_-_Eng.pdf>.

22.^

 National Digital Identification Act (2024) s 3 (Samoa).

23.^

National Digital Identification Act (2024) s 3(23) (Samoa).

24.^

 National Digital Identification Act (2024) s 3(19(2)) (Samoa).

25.^

 National Digital Identification Act (2024) s 1(3) (Samoa).

26.^

National Digital Identification Act (2024) s 8(52) (Samoa).

27.^

National Digital Identification Act (2024) s 7 (Samoa).

28.^

 National Digital Identification Act (2024) s 1(2) (Samoa).

29.^

 National Digital Identification Act (2024) s 2(17) (Samoa).

30.^

National Digital Identification Act (2024) s 7 (Samoa).

31.^

National Digital Identification Act (2024) s 9(53) (Samoa).

32.^

National Digital Identification Act (2024) s 9(53) (Samoa).

33.^

National Digital Identification Act (2024) s 2(14) (Samoa).

34.^

National Digital Identification Act (2024) s 7(46) (Samoa).

35.^

National Digital Identification Act (2024) s 7 (Samoa).

36.^

National Digital Identification Act (2024) s 7 (Samoa).

37.^

 National Digital Identification Act (2024) s 7 (Samoa).

38.^

 National Digital Identification Act (2024) s 1(2) (Samoa).

39.^

National Digital Identification Act (2024) s 1(2) (Samoa)

40.^

 National Digital Identification Act (2024) s 7 (Samoa).

41.^

Data Guidance, ‘EU and OACPS sign new partnership agreement, including cooperation of data protection and AI’ (OneTrust, 16 November 2023)

<https://www.dataguidance.com/news/international-eu-and-oacps-sign-new-partnership>

42.^

 Data Guidance, ‘EU and OACPS sign new partnership agreement, including cooperation of data protection and AI’ (OneTrust, 16 November 2023)

<https://www.dataguidance.com/news/international-eu-and-oacps-sign-new-partnership>

43.^

 National Digital Identification Act (2024) s 8(52) (Samoa).

44.^

 ‘Samoa DHS -MICS 2019-20’ (Samoa Bureau of Statistics, Government of Samoa 2021) <https://washdata.org/sites/default/files/2022-02/Samoa%202019-20%20DHS-MICS_sm.pdf>; National Digital Identification Act (2024) s 3(19(3)) <https://www.sbs.gov.ws/documents/act/National_Digital_Identification_Act_2024-_ENG.pdf>.

45.^

Committee on the Rights of the Child, Concluding observations on the combined second to fourth periodic reports of Samoa, 12 July 2016, CRC/C/WSM/CO/2-4, available at: https://www.ohchr.org/en/documents/concluding-observations/crccwsmco2-4-concluding-observations-combined-second-fourth