Abstract

Digital identity as constitutional infrastructure.

This article argues that the Caribbean Court of Justice already has the doctrinal resources to review digital identity systems before a flagship technology case reaches it.

Drawing on McEwan, Titan, and Bain, and using European Union, Indian, and Kenyan materials as functional comparators, it develops a six-part framework for Caribbean digital-rights adjudication: legality, legitimate aim, necessity and design justification, proportionality and safeguards, equality and non-exclusion, and accountability and remedies.

The article shows how a court can translate adjacent constitutional principles into a digital-rights framework while remaining attentive to legislation, regulators, administrative design, and technical architecture. Digital identity is not inherently unlawful, but systems that become gateways to ordinary civic life require precise authorization, narrow tailoring, robust safeguards, and remedies capable of addressing structural constitutional harm.

Keywords

Keywords and subject references.

Caribbean Court of Justice; CCJ framework; digital identity; privacy; digital constitutionalism; public digital infrastructure; algorithmic governance; proportionality; CARICOM; constitutional governance; digital inclusion; data protection; administrative law; accountability; remedies; institutional legitimacy; Caribbean jurisprudence.

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