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This article was originally published in Issue 3 of Southern Africa Digital Rights, an online publication produced under the project "The African Declaration on Internet Rights and Freedoms: Fostering a human rights-centred approach to privacy, data protection and access to the internet in Southern Africa".

With a low internet penetration rate, the implementation of the biometric-enabled National ID is a failed project in Zambia. Zambia, like several Southern African nations, retains 75 percent of its records in physical form, posing challenges in preserving comprehensive citizen histories.

This reliance on physical files complicates profiling citizens for various purposes, including security and access to public services. Delays in digitization initiatives persist due to the absence of a biometric-enabled national ID. [1]

Discussions advocating for record digitisation, including biometric data collection and digital ID issuance, evoke mixed responses among the populace. It can be argued that the collection of biometrics in providing digital IDs is for surveillance purposes, this is somewhat true, however, there are other underlying factors. As far back as 2008, efforts to have digital records for citizens in a bid to improve service delivery started.

The delay in its execution came about due to the cost of deploying and implementing such a system. [2]

In March 2022, Home Affairs and Internal Security Minister Jack Mwiimbu admitted that the manual system failed to respond to demands arising from the continued growth of the population and rapid changes in technology. This caused issues like duplication of national registration card numbers, identity fraud, and challenges in record management. [3]

For instance, replacing a national ID takes at least 30 days if the replacement request is done at a different office from the initial giving office. The explanation for this is, the verification process has to be made and a search in physical records should be done to avoid duplication.

During his update to parliament, the minister informed the country that the development of an – Integrated National Registration Information System (INRIS) had been completed, hardware connectivity set up and the system had been successfully deployed in ten districts across the country.

Since then, the manual and paper-based system has not changed despite it being susceptible to fraud and other abuses. The manual-based system lacks the mechanisms to prevent foreigners from registering as Zambians, especially in border areas. Registration officers depend solely on affidavits to register a person. The INRIS, however, will assign a national identity number at birth as opposed to when a person is 16 years old. This will make it very difficult for an ineligible person to register as a Zambian citizen.” [4]

Predominantly, the INRIS is speculated to have been put in place for SIM card registrations, voter registration, and verification and civil registration among others.

Mr. Mwiimbu highlighted the benefits of the digital system, [5] including:

a. enhanced security system through proper identification of citizens. Individuals will not easily change their identity as the case may be for some reoffenders;

b. the biometric identification system will contribute towards the promotion of good governance and reduce the cost of voter registration;

c. the Government will minimize wasteful expenditure as ministries, provinces, and other spending agencies will not need to invest in similar biometric identification infrastructure but ride on the INRIS platform;

d. optimization of administration of various Public Service systems such as strengthened tax administration by broadening the tax base, strengthened social services administration by preventing double-dipping and ineligible beneficiaries, and promotion of health insurance administration by providing a unique identity for beneficiaries; and

e. the biometric system will enable digital National Registration Cards (NRCs) with financial wallets, which will contribute towards financial inclusion amongst those individuals or households that do not have an account or relationship with a formal financial institution

State justifications for the deployment of the systems

From the government standpoint, improved service delivery by the government required a transition from the old filing system (physical files) to an e-governance system leading to the establishment of the Smart Zambia Office. As such, Biometric Citizen identification is intended to enhance the security system of the country through proper identification of citizens culminating in improved service delivery, identity verification, and significant savings in social cash transfers, Farmer Input Support Program (FISP), Support to Women Livelihood (SWL), pension benefits, and other such social protection programs. [6] [7]

A number of government services for the people, such as FISP and Social Cash Transfer, have seen registrations by citizens ineligible to receive them. This is mainly due to duplication, as well as fraud, on the premise of a lack of individualized digital records. Additionally, in 2019, then minister of Home Affairs, Stephen Kapyongo explained that biometric citizen identification had the potential to enhance compliance and therefore contribute towards increased domestic tax revenue mobilization by about 9.5 percent of GDP in the medium term. [8]

Legal underpinnings

The collection of biometrics and issuance of digital Ids is backed by the recently enacted Data Protection Act of 2021, [9] the Cyber Security and Cyber Crimes Act of 2021, [10] and the Electronic Communication and Transactions Act of 2021. [11]

The Ministry of Home Affairs and Internal Security is mandated as the custodian of civil registration under the Department of National Registration Passport and Citizenship (DNRPC) to register all citizens and noncitizens in Zambia. The Ministry draws its mandate from various pieces of legislation, among them, are the Constitution Cap 1 of, the National Registration Act Cap 126, [12] the Passport Act 28 of 2016, the Births and Deaths Registration Act Cap 51, and the Citizenship Act 33 of 2016 of the laws of Zambia. [13]

Despite this legislation, the engagement of a foreign company to host the system and have access to national data becomes a threat to national security. [14]

In 2008 in the early phase of developing the system, the government engaged a German-based company that specialised in biometric systems. Giving access to citizen data of such value to a third party is a national security issue and a breach of privacy similar to the case involving the Road Transport and Safety Agency’s (RTSA) implementation of speed cameras. [15]

With a lack of publicity on the collection of biometrics and issuance of digital IDs for citizens, public reactions have not yet surfaced. However, a few civil society organizations involved in digital rights raised concerns about the increased mounting of surveillance cameras in public spaces without laws or policies backing it up. The concern was not addressed by the government and remained unanswered. In a young democracy like Zambia, the government needs to get more input from its citizens on such technological advancements. This becomes of concern if national data regarding citizen biometrics and life records are being shared with a foreign company [16] when the local capacity to develop and deploy such systems can be developed. Without the consent of the public to have their biometrics stored by such entities, it becomes a clear breach of data protection and privacy but also a threat to national security.

While biometrics promise enhanced service delivery, the potential for increased citizen surveillance overshadows its efficiency, posing a concern that sufficient legislation is not in place to protect citizens’ information. This is based on the premise that the deployment of security cameras in most parts of the country started before the law supported it. [17] [18]

Other than the available physical hardware and software necessary for storing such files, the capacity to manage the civil registration system has to be built over time. Additionally, the current slightly above 28% internet penetration rate across the country makes it almost impossible to implement. [19] In the case of speed cameras, greater internet penetration can significantly enhance their efficacy, efficiency, and seamless integration into broader traffic management frameworks.

The expected advantages are unlikely to materialise soon due to inconsistent connectivity in most regions. Only if the government prioritises digitising records, improves nationwide internet access, and encourages widespread technology adoption among citizens, will these benefits become feasible. Also, media and civil society must collaborate to raise awareness and advocate for citizen-centric data protection and privacy in the deployment of this system.

In conclusion, the collection of biometrics and issuance of digital IDs in a tech-developing country is critical.

Digitisation of records and collection of biometrics is necessary for improved public service delivery. However, before celebrating its deployment, questions regarding the capacity to manage and maintain the system safely should be asked. Questions on connectivity, access, and availability of supporting technology for a woman and child in a remote part of the country for example, should also be addressed.

Notes:

1. Terms of Reference Communications Consultant: Development of a Communications Strategy of the INRIS

2. Biometric Identity Project – 2019 - https://www.fsdzambia.org/wpcontent/uploads/2020/03/ToRs-INRIS-Communications-Strategy-1.pdf 

3. Terms of Reference Communications Consultant: Development of a Communications Strategy of the INRIS

4. Biometric Identity Project – 2019 - https://www.fsdzambia.org/wpcontent/uploads/2020/03/ToRs-INRIS-Communications-Strategy-1.pdf 

5. NANCY SIAME, Parliament K1bn biometric ID issuance starts – 11th March 23 - http://www.daily-mail.co.zm/k1bn-biometric-idissuance-starts/ 

6. Michael Malakata March 16, 2022 - Zambia implements biometric ID registration system. https://itweb.africa/content/nWJadMbeW5r7bjO1 

7. Digital Identity Country Profile: Zambia - 2019 GSM Association

8. Digital Identity Country Profile: Zambia - 2019 GSM Association

9. https://www.parliament.gov.zm/sites/default/files/documents/acts/Act%20No.%203%20The%20Data%20Protection%20Act%202021_0.pdf 

10. https://www.parliament.gov.zm/sites/default/files/documents/acts/Act%20No.%202%20of%202021The%20Cyber%20Security%20and%20Cyber%20Crimes.pdf 

11. https://www.parliament.gov.zm/sites/default/files/documents/acts/Act%20No.%204%20of%202021%2C%20The%20Electronic%20Communications%20and%20Transactions_0.pdf 

12. The National Registration Act Chapter 126 of the Laws Of Zambia

enables the issuance of National Registration Cards (NRCs):

https://www.parliament.gov.zm/sites/default/files/documents/acts/National%20Registration%20Act.pdf 

13. Ministerial Statement on Implementation of the Integrated National Registration Information System on 10th March, 2022

14. Huawei built data centres that are being run by a quasigovernment wing, Infratel. Thus, Government data related to e-governance is being hosted by a quasi-government institution, Infratel.

15. RTSA Reveals Hidden Security and Speed Cameras Mounted in Lusaka by Lensesview - https://lensesview.com/rtsa-revealshidden-security-and-speed-cameras-mounted-in-lusaka/?amp=1 

16. Speed Camera Installation by RTSA a Scandal – UPPZ – August 2018 - https://zambianeye.com/speed-camera-installation-by-rtsaa-scandal-uppz/ 

17. Zambia presses ahead with controversial US$210m CCTV camera project by Micheal Malakata – August, 2022 - https://itweb.africa/content/RgeVDMPRY1bvKJN3 

18. City Cameras Not Backed by Law, Not Working Yet – Minister – February 9, 2023 - https://zambianobserver.com/city-cameras-notbacked-by-law-not-working-yet-minister/ 

19. Digital 2022: Zambia - https://datareportal.com/reports/digital-2022-zambia