A Guide to Litigating Identity Systems c) The Kenyan High Court explicitly references the risk of identity theft as a form of misuse or unauthorised access, giving rise to the data protection requirements the court imposes on the Kenya national identity system.113 d) The Kenyan High Court prohibits the collection of GPS coordinates as part of the national identity system, referencing the ability to use such data to “track and monitor people without their knowledge.”114 The other form of data prohibited by the court – DNA information – could similarly be used for “negative profiling of individuals for ulterior motives.”115 39. The storage of biometric data constitutes a disproportionate interference with the right to privacy because it increases the state’s ability to engage in mass surveillance. a) The Mauritian Supreme Court rejects the centralised storage of fingerprint data partly because of the ease of access to data by state actors without judicial oversight.116 The court states that judicial oversight over interference with the legal and constitutional rights of citizens is a “fundamental principle of the rule of law” and its absence is “inconceivable.”117 b) The majority in the Aadhaar judgment rejects mass surveillance concerns by relying partly on the use of data silos in the system to prevent improper access of data outside the Aadhaar scheme’s purpose.118 Data silos are collections of information within the system that are isolated from and inaccessible to other parts of the system.119 113 Huduma Namba Judgment, ¶ 880. 114 Huduma Namba Judgment, ¶ 768. 115 Huduma Namba Judgment, ¶ 767. 116 Madhewoo, 2015 SCJ 177 at 33. 117 Madhewoo, 2015 SCJ 177 at 33. 118 See Aadhaar Judgment, ¶ 208 at 285. 119 See Garrett Alley, “What are data silos,” Alooma (20 December 2018) at https://www.alooma.com/blog/what-aredata-silos 30