Domestic law and policy
The National Digital ID Program, approved by the cabinet in 2024, still in the implementation phase, has approved plans on codification of laws that relate to digital ID.[17] Although there are no laws defining the digital ID yet, the Justice Minister describes it as “a single, secure, and inclusive proof of identity” enabling citizens to access public and private services like healthcare, banking, education.[18]
Further, there is a strong linkage to citizenship as Digital ID and the related services have been envisioned to be accessible to citizens only.[19] However, the Constitution of Fiji mentions that each person, irrespective of whether they are a citizen or not, have equal rights of access to public spaces such as education institutions, transportation, taxis, etc.[20] Furthermore, no other specific provisions have been published yet outlining processes for registering digital ID complaints or dispute resolution.
Data Protection
At this time, there is no specific legislation for data protection or regulations governing the proposed digital ID system, raising concerns about data security, misuse, or unauthorized government access. Currently, Fiji’s Constitution includes the right to privacy for individuals, which encompasses the right to confidentiality of personal information and communications.[21] There are, although, sector-specific laws that penalize the unauthorized disclosure of individuals’ or clients’ information.[22] The laws of Fiji currently do not directly protect personal information and there is no explicit policy yet that addresses digital ID data collection, encryption, or biometric protection.
International Commitments
Fiji is not a party to any international framework, agreement, or treaty that outlines obligations related specifically to digital ID. As a party to the CRC, the Fijian government should reduce the gaps in birth registration and ensure that every birth is registered immediately and that no child is left stateless, prior to the expansion of the National ID.[23] Furthermore, when implementing the digital ID laws, it must ensure that children not born in Fiji but whose nationality cannot be established are provided with a legal identity [24] and those born to stateless parents are provided with a birth certificate, and not excluded in the new digital ID system’s implementation.[25] In implementing this digital ID system, Fiji will have to be careful not to violate the rights of or exclude stateless persons and other marginalized communities from equitable access to essential services, such as rationing, housing, public education and public relief, as guaranteed by the 1954 Convention on Statelessness.[26]
