A Guide to Litigating Identity Systems RIGHT TO EQUALITY AND NONDISCRIMINATION: EXCLUSION 65. Identity systems can lead to discrimination between different groups of persons, particularly in the absence of a strong legal framework. a) The Supreme Court of Jamaica found that that country’s proposed identity system violated the right to equality, guaranteed under Jamaica’s Constitution, because it treated Jamaican citizens less favourably than foreigners. The legislation creating the system would have required Jamaican citizens and “ordinary” residents of Jamaica to produce the National Identity Number or National Identity Card when they sought to gain access to goods and services provided by public bodies. However, foreigners would have had the option to provide other means of identification for access to services. b) The dissent of the Indian Supreme Court points to numerous instances in history where the “persecution on the basis of race, ethnicity and religion was facilitated through the use of identification systems,”275 and emphasises the need to take into account lessons learnt from history to carefully monitor the development of identification systems.276 c) The dissent of the Indian Supreme Court cites Privacy International’s report on biometrics277, which states that in the absence of strong legal frameworks and strict safeguards, the application of biometric technologies can be broadened to facilitate discrimination.278 275 Aadhaar Judgment, ¶ 128 of dissent. 276 Aadhaar Judgment, ¶ 128 of dissent. 277 Privacy International, Biometrics: friend or foe of privacy?, December 2013. https://privacyinternational.org/news-analysis/1409/biometrics-friend-or-foe-privacy 278 Aadhaar Judgment, ¶ 120 of dissent. 64