Lack of data protection law shadows e-ID plan

Hertta-Maria Amutenja

The Internet Society Namibia Chapter (ISOC) has raised concerns about the country’s readiness to implement a national electronic identity card (e-ID) system without strong legal and infrastructure frameworks.

The ministry of home affairs, immigration, safety and security plans to launch Namibia’s first e-ID by July 2026. 

The smart card, developed in partnership with the United Nations Development Programme (UNDP), will contain biometric and demographic information. 

It is expected to enable secure, contactless identity verification across public and private sectors.

The project follows a Cabinet decision in August 2023 to introduce chip-based identity cards as part of efforts to modernise identity management and improve access to services.

ISOC Namibia President Anna Frieda Amoomo-David said the country still lacks the necessary legal safeguards to regulate data use and protection. 

“There’s a very big gap in the typical infrastructure and laws that govern data protection that needs to be looked at. Namibia benchmarks itself against countries such as Mauritius regionally and Estonia globally, and they have also been in a position to sort of learn from them. But how far that particular lesson has been learnt is also not very clear,” she said.

She said it is difficult to roll out a national digital identity system without clear legislation and that the government often moves forward with limited public consultation. 

“It also makes it a little bit difficult to put something in place without the necessary frameworks, which citizens have had a concern over for the longest. Government tends to do these things in silence,” she said.

Amoomo-David noted that ISOC attended a consultation meeting hosted by the Ministry of Information and Communication Technology last year but has received no feedback. 

“We did attend that consultation, but we didn’t get the results of that particular consultation in terms of what it yielded,” she said.

Analyst Ndumba Kamwanyah echoed these concerns, warning of risks linked to the e-ID system. 

“The main risks include misuse or theft of personal and biometric data, lack of accountability, and possible surveillance without consent. People’s private information could be exposed or abused without clear rules,” he said.

He said many citizens do not fully understand how the e-ID will affect their privacy and that key concerns have not been properly addressed.

“Many citizens don’t fully understand how the e-ID will affect their privacy, and key concerns haven’t been openly discussed,” Kamwanyah said.

He called for a strong legal framework. 

“A future data protection law should clearly define how data is collected, used, stored, and shared. It should include strict safeguards, give people control over their data, and create an independent body to enforce the law,” he said.

Although the government has committed to digital transformation, Namibia has not yet passed a data protection law. 

The ministry of information and communication technology has been working on a draft data protection bill since at least March 2022. 

Public consultations began in November that year, including a regional workshop in Omaheke, where ICT minister Emma Theofelus highlighted the importance of privacy protections in line with article 13 of the Constitution.

The new e-ID card is expected to support e-government services and promote regional mobility within the Southern African Development Community (SADC). 

According to home affairs’ executive director, Etienne Maritz, the system will allow secure and accurate identity verification through mobile outreach.

The ministry of information and communication technology and the ministry of home affairs did not respond to questions about the status of the bill or the concerns raised by ISOC by the time of publication.

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