Latest update August 20th, 2026 12:07 AM
The Digital ID Conundrum: How Can Registration Be Legal Without the Law?
Dear Editor,
I am conflicted with regards to the ongoing registration for the Guyana Digital ID card, a project that promises a modernised future but is being built on a foundation of significant legal ambiguity.
The recent statement by the Honourable Prime Minister, Mark Phillips, that the programme is operating without its governing legislation -yet to be passed by the National Assembly, which to date has not even met to vote in the presumptive Leader of the Opposition ( LOO), MP Azruddin Mohamed -demands urgent public scrutiny and a clear explanation from the authorities.
The Prime Minister’s admission is startling. He confirmed that the government is using a “policy decision” to proceed with the collection of citizens’ most sensitive biometric and personal data. While administrative efficiency is commendable, it cannot and must not supersede the rule of law. In a democratic society, the authority to initiate such a transformative programme must be rooted in legislation that has been duly debated, scrutinised, and enacted by our Parliament.
This situation raises several critical questions that the government has a duty to answer:
On What Legal Basis is Data Being used? Without the Guyana Digital Identity Act in force, what specific law gives the government the authority to do so? “Policy” is not law; it is an internal directive that does not grant legal authority or provide citizens with legal recourse.
Where is the Parliamentary Oversight? The legislative process is not a mere formality. It is the bedrock of our democracy, designed to allow for robust debate, input from stakeholders, and the insertion of necessary checks and balances. By not chairing the voting for the presumptive LOO, MP Azruddin Mohamed, the Speakers of the National Assembly, Mr. Manzoor Nadir, seems to be thwarting the process, possibly in an attempt to circumvent this important piece of legislation. Forestalling, the government is denying the nation an opportunity to shape a law that will fundamentally affect every Guyanese. It pre-empts the will of Parliament and places executive action above legislative authority.
The government’s approach sets a dangerous precedent. If a “policy decision” is sufficient to launch a national digital identity system, what other areas of our lives can be governed by executive fiat rather than enacted law? The potential for overreach is immense.
Proponents may argue that the project is voluntary for now. However, the direction of travel is clear: this Digital ID is intended to become integral to accessing public and eventually private services. The pressure to register will become immense, effectively making it mandatory for functional citizenship, all while its legal framework remains a ghost.
We are told to trust the process, but by the same token, frustrating the process of seating the presumptive LOO, MP Azruddin Mohamed, is an epic oxymoron. In my opinion, in a mature democracy, we do not govern by trust alone; we govern by clear, transparent, and enforceable laws. The government must immediately halt the registration process until the enabling legislation is properly debated, passed, and assented to. To do otherwise is to build our digital future on quicksand, undermining the very legal principles that protect every citizen.
Sincerely,
Jonathan Subrian Esq.
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