Domestic law and policy
There is no definition provided for digital identity in Tonga’s policy or legislation. While a legal framework is yet to be established for digital ID in Tonga, Tonga’s Digital Government Strategic Framework 2019-2024 lays a foundation for the expansion of digital technologies used by the Tongan government, including priorities and objectives for establishing DPI. [25] Drafting of legislation needed to support digital identity, such as a Data Protection & Privacy Bill as well as amendments to the Nationality Identity Card Act and the Birth, Death, Marriages Registration Act, is in progress.[26]
Data Protection
The first Principle of the Digital Government Strategic Framework 2019-2024 is security, emphasizing that personal data protection and privacy is fundamental. [27] The Framework also mentions that it will “enable a far more integrated, shared, accurate, timely, and inclusive information flow within and across all Government agencies”.[28] The Tongan government’s cross-agency data exchange approach has been ad hoc, however, its 2021 Data Exchange Framework establishes plans to create more structure for cross-agency data sharing as a part of the development of Tonga’s digital government.[29] This Framework identifies priorities for ensuring data security, including that “structure, semantics and authorizations must be controlled by the original data owner”.[30]
A legal framework on data protection and privacy in Tonga is yet to be established, but is currently being drafted.[31] Tonga recently enacted its Cybersecurity Bill in 2024, which establishes a framework for securing digital systems to protect against cyber attacks that may compromise data held in digital systems. [32] Under the Nationality Identity Card Act, which relates to the current paper-based system, information in the register of holders of national ID cards may be used by the National Identity Card Office for purposes such as interests of national security, prevention or detection of crime, enforcement of immigration controls, dispensing public services, among others.[33] It is also outlined that in the above mentioned instances, as well as by order of the Supreme Court, personal information collected for the national ID card may also be shared.[34] It is unclear whether registering for a national ID card would place stateless persons at risk of surveillance or detention as a result of legal status.
International Commitments
As digital ID has not been implemented in Tonga, there is no current violation of the treaties Tonga is party to. Tonga is not a party to treaties specific to digital ID or data privacy and protection. As Tonga 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 – the ICERD and CRC.
