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.
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