A Guide to Litigating Identity Systems RIGHTS OF THE CHILDREN 70. As noted elsewhere, there has also been consideration given to the rights of children and how they are impacted by identity systems particularly in relation to issues around consent and mission creep, as well as instances of discrimination and exclusion. a) The Jamaican Supreme Court states that the National Identification Registration Act (NIRA) affects the rights of children.307 Although the parent of the child must mandatorily apply for registration under the NIRA, there is no option for the child to opt out of the system if they wish to do so, completely taking away a child’s control over their biometric information.308 b) The Indian Supreme Court holds that while parents must consent on behalf of their children for enrolment in Aadhaar due to the inability of children to legally consent,309 once a child reaches the age of majority, they must be given the option to opt out of Aadhaar.310 c) The Kenyan High Court also notes that “special protection” must be given to children, because “they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data.”311 Due to this finding, the court determines that the legislative framework governing children’s biometric data protection is inadequate.312 307 Julian J. Robinson, ¶ 235. 308 Julian J. Robinson, ¶ 235. 309 Aadhaar Judgment, ¶ 332 at 401. 310 Aadhaar Judgment, ¶ 332 at 401. 311 Huduma Namba Judgment, ¶ 820. 312 Huduma Namba Judgment, ¶ 823. 71

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