A Guide to Litigating Identity Systems PART THREE: DATA PROTECTION AND NATIONAL IDENTITY SYSTEMS 53. National Identity Systems naturally implicate data protection issues, given the high volume of data necessary for the systems’ functioning. Identity systems collect and store biometric and demographic data obtained at the time of enrolment in the systems,203 as well as transaction data obtained when the system is used to verify an individual’s identity.204 This wide range and high volume of data implicates issues of consent, as individuals should be aware and approve of their data’s collection, storage, and use if the system is to function lawfully.205 Despite this, identity systems often lack necessary safeguards requiring consent206 and the mandatory nature of systems ignores consent entirely.207 Additionally, identity systems have a propensity to extend in application beyond their initial conception into numerous areas of public and private life,208 spreading individuals’ data to numerous actors without their consent and consideration. Even where the 203 See Aadhaar Judgment, Justice K.S. Puttaswamy and Another v. Union of India and Others, Writ Petition (Civil) No. 494 of 2012 & connected matters ¶ 446 at 524. 204 See Aadhaar Judgment, ¶ 197 at 276 (2018). 205 See Aadhaar Judgment, ¶ 304 of dissent. 206 See Aadhaar Judgment, ¶ 304 of dissent. 207 See Opinion of Justice Batts, Julian J. Robinson v. The Attorney General of Jamaica, Claim No. 2018HCV01788, ¶ 349 (2019). 208 Opinion of Justice Sykes, Julian J. Robinson v. The Attorney General of Jamaica, Claim No. 2018HCV01788, ¶ 247(B)(56) (2019). 48