Government members passed two pieces of legislation in Parliament on Monday that will pave the way for the creation of a digital identity register and the issuance of ID cards.
The Opposition had called on the government to delay the tabling and debate of the Identification Register Bill 2022 and the Identification Card Bill for three months.
Members of the Opposition argued that while they agreed in principle with the purpose of the bills, they had received complaints and concerns from constituency members that would require a wider and more comprehensive public outreach by the government on the issue.
Opposition Leader Roy McTaggart wrote to André Ebanks, the minister for investment, innovation and social development, at the end of November requesting an extension to the public consultation.
In the letter, McTaggart said some public concerns had arisen due to misunderstandings, but some were valid and needed attention.
Deputy Opposition Leader Joey Hew, who was the minister responsible for the ID cards scheme under the previous Progressives-led government, said in Parliament on Monday the Opposition had fielded calls from critics of a digital register and ID cards as well as others who want to support the initiative but still have more questions.
While it will be impossible to change the minds of some people and certain concerns may seem far-fetched, he said, there were people who still had genuine questions.
“This bill is too important to the future of this country and to its people. It’s groundbreaking. It will set the platform for future development in our financial services. It will make lives easier for people. I agree with all of that,” Hew said.
However, he urged government to withdraw the proposed legislation “to give themselves more time for some proper town hall meetings, proper public consultation”.
Ebanks said government had held media roundtables, issued press releases and social media posts, and spoke on the topic in TV and radio broadcasts to reach the widest possible audience throughout the public consultation period.
Innovative tool
In addition, government had created a website that explained the two bills and addressed questions by the public both online and in person.
Ebanks said the objective is to provide an innovative tool to help individuals prove their identity, to improve Cayman’s digital infrastructure and thereby “modernise government services to save time and hassle”.
Under the legislation, the ID card scheme remains entirely voluntary, while the information that is collected by the digital registry does not contain any information that government does not already have.
However, it will enable government to centralise the information in one repository, so that it can be accessed under specific conditions without having to request paper copies from individuals over and over again.
Individuals will retain control over how much of their data is shared and with whom. Access to the data will be recorded and time-stamped.
Penalties for misuse of data
The legislation contains criminal penalties of up to a $10,000 fine and two-year imprisonment for misuse and unauthorised collection of personal data, and double those penalties for unlawfully accessing the register and an individual’s personal data.
Ebanks questioned the value of town hall meetings, which would either be a forum where he would be talking to friends and supporters, or a debate with critics who would continue to misconstrue the provisions of the act.
This is “why certain transformative changes in this country haven’t occurred because of that confusion and the government not taking a position and just forging ahead in a way that accommodates those adequately who have concerns,” the minister said.
Some of the critical theories related to the digital register and ID cards suggested they would lead to anything from a digital currency, direct taxation, mandatory vaccine requirements and travel restrictions to a widespread national surveillance system.
“That might sound fanciful and far-fetched to many, but we can alleviate their concerns by giving them a freedom of choice at committee stage and let those who want to pursue go forward,” the minister said, referring to amendments making participation in the digital registry voluntary. Further committee stage amendments will address most of the other concerns of constituents, he added.
Premier Wayne Panton said he does not believe that additional time is going to change the opinion of the critics, which he believes are a “relatively narrow range of people that are concerned about this to the point of not being willing to listen to any explanations”.
Attorney General Samuel Bulgin said his office had examined the legislation from a human rights perspective and not found any fundamental issues with privacy or other rights. He underlined the voluntary nature of the legislation giving people the choice to opt-in, making it difficult to see how anybody’s rights could be prejudiced.
In addition, he said, the legislation will be complemented by the Data Protection Act, supporting all the privacy safeguards in the bills.
The legislation will not come into effect before July 2023.
In the meantime, while the software and hardware are being rolled out, Ebanks said government will continue to provide information to the public to address any questions that remain.
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