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Transparency and accountable procurement procedures, and effective measures to counter corruption are important elements of the model governance framework for digital legal identity.
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These structural elements can help ensure that government procurement is based on up to date standards, including those relating to digital public infrastructure, and assess whether the procuring institution has the appropriate expertise. Ensuring that appropriate anti-corruption elements are present in the legal and institutional framework can help ensure that pre-existing concerns are also addressed. The procurement and anti-corruption element has the following sub-elements: Procurement guidelines define system standards; Procedures for procurement of public infrastructure; Expertise; Extent to which there is an effective anti-corruption legal and institutional framework; Existing concerns.
Procurement
Sub-element Detail
Anchor Questions
Rights Implications
Example Scenarios
International standards
Procurement guidelines define system standards
Do procurement guidelines include standards - for example API for data access; data standards for interoperability and system standards to support changing vendors?
Open standards for systems, data and API's can strengthen individual control over personal data.
With the introduction of the mechanism that allows interoperability of different systems, different government systems can be linked using the existing assets.
The World Bank Group ID4D 'Procurement Guide and Checklist for Digital Identification Systems' (2019): https://id4d.worldbank.org/procurement_guide
OECD 'Compendium of Good Practices for Integrity in Public Procurement': https://www.oecd.org/gov/public-procurement/compendium-for-good-practices-for-integrity-in-public-procurement.pdf
Procedures for procurement of public infrastructure
Does the country have established procurement guidelines? Are these suitable for procurement of digital infrastructure?
By conducting a fair procurement process, the government is able to ensure the selection of the right product at a satisfactory price point which leads to the responsible usage of the taxpayer's money.
The country's procurement process is in alignment with UN, OECD and WB standards.
UN Convention Against Corruption Art 9:https://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-50026_E.pdf
International Anti-Corruption Academy, 'Overview of Anti-Corruption Compliance Standards and Guidelines' (2022): https://www.iaca.int/media/attachments/2022/08/01/overview-of-anti-corruption-compliance-standards-and-guidelines-practical-tool-2nd-edition_with_covers.pdf
UNDP general recommendation is to conduct a competitive process, including the open-source solution, to select the most appropriate solution. SDG Target 16.5: Substantially reduce corruption and bribery in all their forms. SDG Target 16.6: Develop effective, accountable and transparent institutions at all levels.The World Bank Group ID4D 'Procurement Guide and Checklist for Digital Identification Systems' (2019): https://id4d.worldbank.org/procurement_guide
OECD 'Compendium of Good Practices for Integrity in Public Procurement': https://www.oecd.org/gov/public-procurement/compendium-for-good-practices-for-integrity-in-public-procurement.pdf
Expertise
Are there staff within the responsible ministry able to evaluate different digital ID systems (including open source solutions) that are on offer? What expert advice is available, or needed, in relation to procurement? What systems are in place to ensure staff members do not engage in unethical practices when evaluating the effectiveness of systems?
With the appropriate capacity of acquiring the appropriate solutions, this leads to the reduced cost and sustainablity of the legal identity ecosystem.
The nodal institution selects a team of staff drawn from across organization to undertake fact finding visits across countries to learn best practices in the DID space.There is a learning and development team that designs and conducts training to upskill all staff and keep them updated about the recent developments in the space.
Practitioner's Guide of Capacity Assessment of Anti-Corruption Agencies: https://www.undp.org/sites/g/files/zskgke326/files/publications/Practicioners_guide-Capacity%20Assessment%20of%20ACAs.pdf
SDG Target 16.5: Substantially reduce corruption and bribery in all their forms. SDG Target 16.6: Develop effective, accountable and transparent institutions at all levels.The World Bank Group ID4D 'Procurement Guide and Checklist for Digital Identification Systems' (2019): https://id4d.worldbank.org/procurement_guide
OECD 'Compendium of Good Practices for Integrity in Public Procurement': https://www.oecd.org/gov/public-procurement/compendium-for-good-practices-for-integrity-in-public-procurement.pdf
Anti-corruption
Sub-element Detail
Anchor Questions
Rights Implications
Example Scenarios
International standards
Extent to which there is an effective anti-corruption legal and institutional framework
Is there a national anti-corruption infrastructure in place?
See OHCHR corruption and human rights: https://www.ohchr.org/en/good-governance/corruption-and-human-rights
There is a third-party independent audit conducted every year on the nodal institution. The nodal institution and associated regional institutions are accountable to the anti-corruption laws in the country. Each regional institution has to have robust grievance redressal processes and anonymous complaints for corruption (whistle blowing) processes.
UN Convention Against Corruption (and regional equivalents)SDG Target 16.5: Substantially reduce corruption and bribery in all their forms. SDG Target 16.6: Develop effective, accountable and transparent institutions at all levels.The World Bank Group ID4D 'Procurement Guide and Checklist for Digital Identification Systems' (2019): https://id4d.worldbank.org/procurement_guide
OECD compendium on public procurement: https://www.oecd.org/gov/public-procurement/compendium-for-good-practices-for-integrity-in-public-procurement.pdf
Existing concerns
Are there specific anti-corruption measures in relation to the digital legal ID?
If there are existing allegations of corruption flagged internally or by members of the civil society, more is need to ensure that new processes related to digital legal IDs represent value for taxpayer's money.
Practitioner's Guide of Capacity Assessment of Anti-Corruption Agencies: https://www.undp.org/sites/g/files/zskgke326/files/publications/Practicioners_guide-Capacity%20Assessment%20of%20ACAs.pdf
SDG Target 16.5: Substantially reduce corruption and bribery in all their forms. SDG Target 16.6: Develop effective, accountable and transparent institutions at all levels.The World Bank Group ID4D 'Procurement Guide and Checklist for Digital Identification Systems' (2019): https://id4d.worldbank.org/procurement_guide
OECD 'Compendium of Good Practices for Integrity in Public Procurement': https://www.oecd.org/gov/public-procurement/compendium-for-good-practices-for-integrity-in-public-procurement.pdf
Are there existing concerns about corruption in relation to the digital legal ID system? For example, in relation to procurement? in relation to misuse of data?