A Guide to Litigating Identity Systems their privacy is being protected without the ability to control what information is shared about them and how that information is used, and what information is used to identify them. c) Justice Sykes of the Jamaican Supreme Court identifies the right to anonymity to be an important component of the right to privacy when discussing the Jamaican identity system.108 38. The storage of biometric data for authentication in an identity system amounts to an interference with the right to privacy because it increases the risk of identity theft, in which the information necessary for using another individual’s legal identity is stolen and is used to further access other personal information or use services and benefits in another person’s name. a) The Mauritian Supreme Court rejected the indefinite storage of fingerprint data in a centralised register, partly for fear that data could be stolen from identity cards.109 The data necessary for identity theft could be obtained through a variety of hacking attacks, from cloning government credentials for access to the system, engaging in a proxy attack via the government’s portal to the database, or taking data from the local machines used to upload data to the centralised register.110 A centralised database, which can never be foolproof, can expose all data stored on the database in the event its security is compromised.111 b) Justice Sykes of the Jamaican Supreme Court refers to concerns that data stored as part of the identity system could fall into the hands of third parties, including hackers using Trojan Horse or spoofing attacks on the database and exposing an individual’s sensitive data like medical information.112 108 Opinion of Justice Sykes, ¶ 247(A)(11). 109 Madhewoo, 2015 SCJ 177 at 30. 110 Madhewoo 2015 SCJ 177 at 30. 111 See Madhewoo, 2015 SCJ 177 at 30. 112 Opinion of Justice Sykes, ¶ 54. 29