A Guide to Litigating Identity Systems health problems.177 The dissent also cites a government report that suggests manual labourers will be disparately affected by biometric failures because their fingerprints change as a result of the rough nature of their work.178 b) The Kenyan High Court specifies: “there may be a segment of the population who run the risk of exclusion” due to biometric failures, as well as other identity system registration failures.179 Although the court does not indicate a segment or segments of the population, expert testimony referenced in the court’s summary of the record earlier in the judgment states that biometric parameters may change over the course of an individual’s life.180 Not the only tool for identification and authentication 50. The biometric technology underlying identity systems is not the only way to authenticate an individual’s identity. a) Justice Sykes opinion in the Jamaican case finds that the government has not shown a compelling need to subject Jamaicans to a compulsory biometric data collection,181 and the government failed to show that only necessary information was being collected.182 While the opinion does not specify what alternative authentication methods exist, the court’s scepticism that the government proved the programme’s data minimisation suggests an assumption that a less invasive method is available. 177 Kindt, Privacy and Data Protection Issues, 363. 178 Aadhaar Judgment, ¶ 111 of dissent. 179 Huduma Namba Judgment, ¶ 1012. 180 Huduma Namba Judgment, ¶ 36. 181 Opinion of Justice Sykes, ¶ 247(B)(52). 182 Opinion of Justice Sykes, ¶ 247(B)(57). 44