Capable institutions are a critical element of the governance framework for digital identity systems.
Back to FrameworkThe institutions that own and manage these systems have crucial roles in how they are designed, deployed and managed. It is important that they are independent of political interference, properly resourced in terms of budget and staff, and have the legal authority and practical capability to fulfil their functions. The relationships between different ministry(ies)/agency(ies) that have a role in digital legal identity should be clearly established, and coordination mechanisms put in place. The capable institutions element includes the following sub-elements: Institutional arrangements for management of ID ecosystem and Effective coordination and collaboration.
Institutional arrangements for management of ID ecosystem
Sub-element Detail
Anchor Questions
Rights Implications
Example Scenarios
International standards
The relationship between different ministry(ies)/agency(ies) in charge of digital legal identity
Are the responsibilities and authority of the different ministry(ies) or department(s) that are ultimately responsible for the management of digital legal ID clearly established in law? Is the relationship between the different entities clear?
The clear demarcation of the role clarifies where the responsibilities and priorities lie in the case of mismanagement of the digital legal ID system or the personal data of the population.Civil society and the general public should know which agency is responsible for what aspects of the digital legal ID system.
The responsibilities and authority of the different ministry(ies) or department(s) who are ultimately responsible for the management of digital legal ID are clearly established in law, and the relationships between the different entities is clear. The law is publicised, and the public are aware of the roles and responsibilities of each agency in relation to the identity system.
UN Department of Economic and Social Affairs, Statistics Division ‘Handbook on Civil Registration and Vital Statistics Systems: Management, Operation and Maintenance, Rev. 1’. Series F No. 72 (2021): https://unstats.un.org/unsd/demographic-social/Standards-and-Methods/files/Handbooks/crvs/crvs-mgt-E.pdf
The World Bank Group 'Principles on Identification for Sustainable Development: Toward the Digital Age' (2021): https://documents1.worldbank.org/curated/en/213581486378184357/pdf/Principles-on-Identification-for-Sustainable-Development-Toward-the-Digital-Age.pdf
Principle 9: "Institutional mandates: Legislation, regulation, and trust frameworks must establish and regulate comprehensive governance arrangements for identification systems and providers domestically and—if applicable—internationally. This should include specifying the terms and conditions governing the institutional relations among participating parties, so that the rights and responsibilities of each are clear to all. Accountability: There should be clear accountability and transparency around the roles and responsibilities of all entities involved in building, operating, managing, and overseeing identification systems."
David Eaves from the 2018 State of Digital Transformation Report, 'Proposing A Maturity Model for Digital Services' (2018): https://medium.com/digitalhks/part-2-proposing-a-maturity-model-for-digital-services-9b1d429699e7
Is there a publicly available official document establishing the priorities and goals of the digital legal ID system under consideration?
Priorities for ID systems are likely to be different for different ministries for whom identification is relevant - for example an emphasis on security, welfare or legal status. A clear statement of the overall objectives of the system enables parliamentary and public oversight of its implementation.
There is a publicly available and publicised description of the purpose, goals and priorities of the ID system. Parliament and the public are aware of these and they are able to reference them in their oversight of the ID system.
Independence of agency managing identification
To what extent is day to day management of the digital legal ID system independent of political interference? Is there a separate identity agency for the management of the digital legal ID? If not, does the department or agency in charge of the system have operational independence within the framework of the law establishing the digital legal ID system, including the appointment and removal of the director of the relevant entity?
An independent agency, independent of the executive, is more likely to operate impartially; since electoral registration often depends on access to a national foundational ID, the same principles should apply to identity management. However, the creation of a new agency may also make coordination more difficult, and should be undertaken with care. There should be operational independence of the agency, and freedom from direct interference by ministers in individual decision-making on enrolment or status within the ID system, including security of tenure of the director of the relevant entity.
There are two general categoies of good practices, depending on national context: (a) the digital legal ID is fully managed by an independent agency;(b) a government agency or department manages the digital legal ID, with operational independence, which is overseen by an independent agency (see further, heading on accountability and the rule of law).
No specific standards for identity management bodies yet exist, but see also standards for election management bodies.
Centre for internet & Society 'Digital Identities Design Guide': https://digitalid.design/decisions-guide/index.html
The World Bank's ID4D 'Practitioner's Guide' (2019): https://documents1.worldbank.org/curated/en/248371559325561562/pdf/ID4D-Practitioner-s-Guide.pdf
International Institute for Democracy and Electoral Assistance (IDEA), Chapter 4, "The Composition, Roles and Functioning of an EMB" in 'Electoral Management Design (Revised)' (2014) : https://www.idea.int/sites/default/files/publications/electoral-management-design-2014.pdf
The ACE Electoral Knowledge Network, Electoral Integrity Encyclopaedia 3rd edition (2012), see heading on Electoral Management Body: https://aceproject.org/main/english/ei/eid02.htm
ISO/TS 54001:2019(en) 'Quality management systems—Particular requirements for the application of ISO 9001:2015 for electoral organisations at all levels of government': https://www.iso.org/obp/ui/#iso:std:iso:ts:54001:ed-1:v1:en
Budget for management of identification
Is the department /agency responsible for management of the digital legal ID system given a dedicated, and reliable budget, sufficient to carry out its activities?
With insufficient or variable funds, the institution will not be able to carry out its work effectively.
The department /agency responsible for management of the digital legal ID system has a dedicated, and reliable budget, sufficient to carry out its activities.
UN Department of Economic and Social Affairs, Statistics Division ‘Handbook on Civil Registration and Vital Statistics Systems: Management, Operation and Maintenance, Rev. 1’. Series F No. 72 (2021): https://unstats.un.org/unsd/demographic-social/Standards-and-Methods/files/Handbooks/crvs/crvs-mgt-E.pdf
Staff qualifications and capacity
What qualifications or training do staff have to understand and use the digital ID system, across different uses in government? What steps are taken to ensure there is adequate capacity? What technical documentation is availabe? what technical capacity is there to support integration? what investment is there in the user experience/provision of the identity tool as a service?Return again to the purpose of digital identity is for it to be used and therefore how far does this management capacity extend to client management/active increase in terms of the Total Addressable Market?
Well trained staff - including 'last-mile' authorities - improves the accuracy, transparency, and efficiency of the identity management system as well as public service delivery.
There is a strategy for skills training and staff retention. In case of private sector involvement in design and management of the system, there is a strategy for skills transfer.
UN Department of Economic and Social Affairs, Statistics Division ‘Handbook on Civil Registration and Vital Statistics Systems: Management, Operation and Maintenance, Rev. 1’. Series F No. 72 (2021): https://unstats.un.org/unsd/demographic-social/Standards-and-Methods/files/Handbooks/crvs/crvs-mgt-E.pdf
Management of identification at sub-national level
Are the responsibilities of the nodal institutions at the sub-national level implementing the digital legal ID program clearly established in primary or secondary legislation, or other publicly available official document? What are the rights of individuals to register for the digital legal ID at any convenient enrolment site?
Decentralisation of identification can allow for local authorities to include known individuals within the identity system, it may increase data security, or ease access to services; however, it may also create opportunities for arbitrary decision-making.Providing the option to enrol at multiple sites (rather than establishing geographic constraints) can help limit the impacts of local discrimination through the discretion of agents.
The responsibilities of the nodal institutions at the sub-national level implementing the digital legal ID program are clearly established in primary or secondary legislation, or other publicly available official documentation. The rights of individuals to register for the digital legal ID at any convenient enrolment site are articulated and publicised.
For international standards on decentralisation, see for example, 'International Guidelines on Decentralisation and Access to Basic Services for all', UN Habitat (2009): https://unhabitat.org/international-guidelines-on-decentralization-and-access-to-basic-services-for-all
UN OHCHR information page on 'Cities, local and regional governments and human rights': https://www.ohchr.org/en/about-us/what-we-do/partnership/local-governments
WHO, 'Health Sector Contributions Towards Improving the Civil Registration of Births and Deaths in Low-income Countries: Guidance for health sector managers, civil registrars and development partners' (2021): https://apps.who.int/iris/handle/10665/341911
Effective coordination and collaboration
Sub-element Detail
Anchor Questions
Rights Implications
Example Scenarios
International standards
Coordination mechanisms between identity authority and other government entities
What systems exist for the coordination of initiatives in relation to digital legal ID among different ministries and agencies? (e.g., formal (e.g., MOU) or informal arrangements (e.g., regular meetings, joint programmes); advisory /coordination committee).
An effective coordination mechanism enhances the interoperability and integration of different systems, which increases the efficiency of public service delivery and providing increased access to services.
The government appoints a task force or other mechanism to coordinate identification initiatives.
UN Department of Economic and Social Affairs, Statistics Division, 'Principles and Recommendations for a Vital Statistics System, Rev.3' (2021): https://unstats.un.org/unsd/publication/SeriesM/seriesm_19_Rev3e.pdf
Vital Strategies, 'Guidance for Civil Registration and Vital Statistics (CRVS) Governance Mechanisms' Technical Guide: https://www.vitalstrategies.org/resources/guidance-for-civil-registration-and-vital-statistics-governance-mechanisms
International Telecommunication Union (ITU), Geneva, ‘Global Digital Regulatory Outlook 2023’: https://www.itu.int:443/en/ITU-D/Regulatory-Market/Pages/gdro23.aspx?s=08
Management of the private sector
If the design and management of the digital ID system is contracted to the private sector, are the responsibilities and authority of the private sector actors clear and publicly known? Is it clear which government agency is responsible for giving direction to a private sector partner and holding it to account?
If the agencies responsible for ID have the skills and resources to commission digital legal ID systems, these systems are more likely to be responsive to public needs ensuring sustainability of such systems, if a government is able to choose the most appropriate products at a satisfactory price point, this also leads to the responsible usage of tax.
The roles and responsibilities of all participating teams and institutions are clearly displayed digitally, and made available on other forums as well. Whenever a new contractor or an institution is onboarded onto the ecosystem, they are also included in such a system.
UN OHCHR 'Guiding Principles on Business and Human Rights' (2011): https://www.ohchr.org/sites/default/files/documents/publications/guidingprinciplesbusinesshr_en.pdf
Other standards available at: https://www.ohchr.org/en/business/international-standards
Role of private sector in legal ID: https://unstats.un.org/legal-identity-agenda/meetings/2021/UNLIA-FutureTech/docs/report.pdf
Joint World Bank Group—GSMA—Secure Identity Alliance Discussion Paper 'Digital Identity: Towards Shared Principles for Public and Private Sector Cooperation' (2016): https://documents1.worldbank.org/curated/en/600821469220400272/pdf/107201-WP-PUBLIC-WB-GSMA-SIADigitalIdentity-WEB.pdf
Management of development assistance
If the implementation of digital legal ID systems is supported by development assistance, which ministry is responsible for coordinating the support of different development agencies?Do development agencies involved in supporting digital legal ID systems coordinate themselves in order to reduce transaction costs for state agencies?
Multiple initiatives supported by different agencies can result in overlapping projects and wasted costs. Coordination by the government and between the agencies themselves can help to ensure that common objectives are supported.
Development agencies regularly meet to ensure duplication is avoided; the government task force appoints a focal point for coordination of engagement with development partners.
Paris Declaration and Accra Agenda for Action (2005): https://www.oecd.org/dac/effectiveness/parisdeclarationandaccraagendaforaction.htm
Center for Global Development (CGD) Quality of Official Development Assistance (QuODA): https://www.cgdev.org/topics/quoda