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HomeArticlesAG NANDLALL SAYS REFUSING DIGITAL ID MAY VIOLATE THE LAW

AG NANDLALL SAYS REFUSING DIGITAL ID MAY VIOLATE THE LAW

HGP Nightly News – Attorney General and Minister of Legal Affairs Anil Nandlall says businesses and institutions that refuse to accept Guyana’s digital identification card may be acting in violation of the law, as he underscored that the Digital Identification Act is now fully in force. His comments come amid concerns that some entities are still declining to recognise the card, despite the legislation having already taken legal effect.

The issue now raises broader questions about public awareness, compliance and whether enough is being done to ensure that both the public and private sectors understand their obligations under the new framework. Speaking on the matter, Nandlall said the Government has been pursuing what he described as one of the most aggressive and modernised legislative agendas in the country’s history, but warned that strong laws will mean little if the population and key institutions are not aware of them or prepared to comply.

According to him, ignorance of the law cannot be used as a defence, and every agency, business and sector of society has a duty to familiarise itself with laws that affect its operations and responsibilities. He noted that while Government continues to engage in public awareness efforts, there is a limit to what can be done beyond ensuring that the law is properly published and made known.

Nandlall explained that laws are published in the Official Gazette before coming into force for a reason, and said that process is not merely ceremonial. Rather, he said, it exists to give the public formal notice of the content of the law, reinforcing the long-established principle that ignorance of the law is no excuse. In his view, those two principles together place a general duty on the population to become informed about laws once they are enacted. Against that backdrop, he said the Digital Identification Act came fully into operation about two weeks ago through an order signed by Prime Minister Mark Phillips, who is the subject minister under the legislation.

The Attorney General pointed specifically to Section Six of the Act, which he said makes it clear that a digital identity card is an official document that is both sufficient and necessary to lawfully identify a person when conducting business with a public body or a private sector entity. He said the law applies to transactions carried out in person and online, and within Guyana, while also allowing for use in other countries that may have reciprocal arrangements with Guyana in the future. In practical terms, Nandlall said the card is now a lawful and recognised form of national identification for conducting business across both the public and private sectors.

On that basis, he said any agency or entity refusing to accept the digital identification card is violating the Act. He further indicated that the law itself contains consequences of a penal nature for non-compliance, especially in relation to this key provision, which he described as central to establishing the legal character of the digital ID as an official form of identification. His comments suggest that continued refusal by institutions to recognise the card may not simply be an administrative oversight, but could amount to a legal breach if left uncorrected.

When asked whether he had received similar complaints from others, Nandlall said he had not, noting that the case raised before him was the first such report. Even so, he made it clear that if non-compliance continues, the matter may have to be escalated. According to the Attorney General, the Guyana Police Force would then have to be informed and directed to ensure that the law is complied with.

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