Is DigiD Discrimination? Does the Current Use of DigiD Lead to a Violation of the Non-Discrimination Principle as Codified in Articles 1 Dutch Constitution and the European Convention of Human Rights

In order to conduct safe electronic communication with its citizens the Dutch government uses DigiD to digitally establish their identity. According to a report from the Dutch Court of Audit, it appears that primarily elderly individuals struggle with the use of DigiD. This article, therefore, addresses the question of whether mandating the use of DigiD can be considered discriminatory. This question is analysed using the non-discrimination principle as codified in the Constitution and the European Convention on Human Rights (ECHR). Subsequently, the article discusses the positive obligations that the State has under the ECHR regarding the accessibility of DigiD. This article argues that the State is obliged to take steps to make DigiD more accessible, such as offering the current Digisterker courses. However, it is necessary to further evaluate the effectiveness of these courses. The article emphasizes the broader issue of digital exclusion and the obligations to which the State is bound concerning the increasing digitalization.