The National Assembly deliberated on the National Digital Identity Bill of Bhutan 2023 today. The members of the house discussed the offences and penalties. During the deliberation, members raised concerns that the penalty for offences or lapses by the administrative and governing body is less as compared of individuals.
As recommended by the Good Governance Committee, penalties in three sections of the Bill have been increased in the House today. The three sections are unlawful disclosure of credentials, non-compliance with directions, and identity theft.
The offences in sections 132 and 135 of the Bill were increased to a fourth-degree felony from misdemeanour. Likewise, the offence of non-compliance with direction was reduced to petty misdemeanour from misdemeanour for individuals.
On the other hand, members said that penalties should be raised for the Governing Body and the Administrative Body.
“If service users make mistakes or lose their ID to others, they must bear a greater offence. However, when it comes to the administrative bodies who work from the office and intentionally or negligently make a mistake their offence is kept as a petty misdemeanour. So, I am concerned about how effective it will be. Therefore, I feel that the offences for them are less and need to be increased,” said Yeshey Dem, Khamaed-Lunana MP.
“Administrators are the ones who make mistakes. Therefore, the government needs to clarify, and the committee needs to relook at the matter,” said Passang Dorji (PhD), Bartsham-Shongphu MP.
“From my perspective, if the trusted authority fails to take responsibility, one should be liable for a double penalty not just a misdemeanour. Whereas when it comes to an individual, I feel like a misdemeanour is fine. Hence, if the authorities fail, the offence should be more than that,” said Kinga Penjor, Gangzur-Minjey MP.
The Speaker directed the Good Governance Committee to review sections 136 and 137 regarding penalties for Governing Body and the Administrative Body and present it before the adoption of the Bill. The House will adopt the National Digital Identity Bill of Bhutan 2023 on Monday.
Karma Wangdi & Devika Pradhan
Edited by Sherub Dorji