Domestic law and policy
There is no formal legal or policy framework surrounding digital identity in the country. By August 2028, the country aims to develop a digital transactions bill, its cybersecurity programme, and harmful digital communications law. [21]Presently, the Constitution of Marshall Islands provides for general protections of equality before the law, non-discrimination, personal privacy, and access to judicial institutions and electoral process, which ought to form the foundation of the legal framework surrounding digital ID. [22]
Data Protection
The Marshall Islands does not have a comprehensive data protection framework or law in place and plans on having a data protection law as a part of its digital ID development by August 2028. [23]There is a general provision on the right to privacy mentioned in the Constitution. [24]There are also selective laws such as the Persons with Disabilities Act (2015) and Gender Equality Act (2019) “create policies and safeguards to gather, process, and use data.” [25]Additionally, very few laws state the reason for which a national agency can gain access to data. [26] However, despite their presence, the provisions are fragmented and fail to establish a unified approach to data protection or privacy.
International Commitments
The Marshall Islands is not a party or signatory to the 1954 Convention relating to the Status of Stateless Persons, or the 1961 Convention on the Reduction of Statelessness. citation_27 As a party to the CRC, the Marshall Islands is obligated to guarantee the immediate registration of all births. [28] The birth registration process must be universally accessible, particularly for those in remote regions, and administrative hurdles preventing access should be eliminated.
