Digital ID Overview

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Law

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Designed to Include?

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

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Across East Asia, digital ID systems have generally neither contributed to nor reduced statelessness, as access to digital ID remains closely tied to possession of foundational legal identity documents such as national ID cards or residency permits. In most countries, the grant of digital ID is not formally linked to citizenship, but eligibility depends on legal identity or residency status, which stateless persons often lack. As a result, denial or inaccessibility of digital ID does not itself create statelessness, but it reinforces existing forms of exclusion faced by stateless individuals. In countries where stateless persons cannot obtain digital ID, such as in China, Hong Kong, Mongolia, Japan, and South Korea, they are excluded from a growing range of state-sponsored services that rely on digital identity verification.[52] These include government e-services, healthcare and insurance systems, social welfare programs, taxation, employment, banking and financial services, and access to education or digital public service platforms. Only one country in the sub-region, Taiwan, provides a pathway for stateless persons to obtain an Alien Resident Certificate (ARC), which can be used to access digital ID services.[53] However, eligibility for the ARC is subject to specific criteria that many stateless individuals may not be able to meet. Generally, there are few or no alternative avenues for stateless individuals to access these services beyond in-person procedures or assistance from civil society organizations.

Legal and policy frameworks across the sub-region have not yet systematically incorporated safeguards to ensure inclusion of stateless persons within digital ID systems. While some governments (Mongolia, Japan) have adopted accessibility measures, such as mobile registration teams, multilingual call centers, or digital literacy assistance for elderly population, these initiatives are typically aimed at bridging the digital divide rather than addressing barriers faced by individuals without legal identity.[54] Strengthening inclusivity around digital ID systems requires reforms that ensure universal birth registration regardless of legal identity and a commitment to ensure essential public services remain accessible through alternative mechanisms even for those without digital IDs. Without such safeguards, digital ID systems risk deepening existing inequalities in terms of access to legal identity and public services.

  1. Summary Table

Table 6: Summary Table of Digital ID systems across East Asia

CountryLegal ID (Type)Digital ID (Foundational/Functional)Domestic Laws & Policy Covering Digital IDData Protection LawDigital ID Mandatory?Access for Stateless/RefugeesIntl. Treaty Ratified (Data/Human Rights)
ChinaResident Identity Card; Internet IDFunctionalYes: Measures on the Management of the National Online Identity Authentication Public Service 2025Yes: Cybersecurity Law; Data Security Law; and the Personal Information Protection Law.NoNo 1951 Refugee Convention, ICESCR, ICERD, CRC, and CEDAW
Hong KongHong Kong Identity Card (HKID); ‘iAM Smart’ digital IDFunctionalYes: Electronic Transactions Ordinance 2000Yes: Personal Data (Privacy) Ordinance (Cap.486)NoNo 1954 Stateless Convention, ICCPR, ICESCR, ICERD, CRC, and CEDAW
JapanMy Number Card -physical card and digital IDFoundational and FunctionalYes: Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (Act No. 27 of 2013) Yes: Act on the Protection of Personal Information (Act No. 57 of 2003) No Yes with legal residency status 1951 Refugee Convention, ICCPR, ICESCR, ICERD, CRC and CEDAW
MongoliaCitizen ID card; E-MongoliaFunctionalYes: Public Information Transparency Law; Data Protection Law, Law on Electronic Signatures Law; Cyber Security Law.Yes: Data Protection Law (2021)No NoEU-Mongolia Partnership and Cooperation Agreement, ICCPR, ICESCR, ICERD, CRC, and CEDAW
North KoreaCitizen ID cardNot applicable Not applicable Not applicable Not applicable Not applicable ICCPR, ICESCR, CRC, and CEDAW
South KoreaResident Registration Card; Mobile IDsFunctionalYes: Resident Registration Act of 1962Yes: Personal Information Protection Act (2025)NoNo1954 Statelessness Convention, 1951 Refugee Convention and its 1967 Protocol, ICCPR, ICESCR, ICERD, CRC, and CEDAW
TaiwanNational ID Card; Taiwan Digital Identity WalletFunctional Yes: Electronic Signatures Act (2001); Financial Services Digital Identity Verification Guidelines.Yes: Personal Data Protection Act (2010) No Yes, through the Alien Citizen Digital Certificate IC CardICCPR, ICESCR, ICERD, CEDAW, CRPD, and CRC
52.^
‘Concluding Observations on the Ninth Periodic Report of China’ (Committee on the Elimination of Discrimination against Women 2023) <https://digitallibrary.un.org/record/4013939/files/CEDAW_C_CHN_CO_9-EN.pdf>; ‘Mongolia’s Citizen ID Card: A Digital Identity Analysis - The Global Digital Identity Index’ <https://digitalidentityindex.com/mongolias-citizen-id-card-a-digital-identity-analysis/> accessed 4 February 2026.
53.^
‘Regulations Governing Visiting, Residency, and Permanent Residency of Aliens - Article Content - Laws & Regulations Database of The Republic of China (Taiwan)’ <https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080129> accessed 9 February 2026.
54.^
‘Frequently Asked Questions - My Number Card General Site’ (n 24); ‘Unsdg | Bridging the Digital Divide in Mongolia’ <https://unsdg.un.org/latest/stories/bridging-digital-divide-mongolia> accessed 12 February 2026.