A Guide to Litigating Identity Systems
JUDICIAL YUAN INTERPRETATION NO. 603 AND
BLAS F. OPLE V. RUBEN TORRES AND OTHERS
18. The other two national court judgments referenced throughout this guide are
Judicial Yuan Interpretation No. 60326 decided by the Judicial Yuan of Taiwan
in 2005 and Blas F. Ople v. Ruben Torres and others27 decided by the
Supreme Court of the Philippines in 1998. In both instances, the courts – the
highest in each respective jurisdiction – rejected proposed national identity
systems because of privacy concerns.28 The proposed systems would have
linked national identity cards with the provision of public services.29 Although
the two judgments are shorter and less comprehensive than the more recent
judgments, they provide additional useful support for several of the
arguments developed in this guide.
19. Thus far, there has been little engagement with national identity systems by
international and regional courts. Despite the inclusion of impacted rights in
international human rights treaties (which are also referenced sparingly in
national court judgments), there are no judgments evaluating the
implications of national identity systems under the international human rights
framework. Nevertheless, some relevant jurisprudence does exist for
understanding the implications of biometrics more generally, including the
European Court of Justice decision in Michael Schwarz v. Stadt Bochum30
from 2013. In that case, the court reviewed the requirement of collection of
26
Judicial Yuan Interpretation No. 603, Taiwan, Holding (2005).
27
Blas F. Ople v. Ruben Torres and others, Supreme Court of the Republic of the Philippines, G.R. No. 127685 (1998).
28
See Judicial Yuan Interpretation; Blas F. Ople, Part III at 5.
29
See Judicial Yuan Interpretation; Blas F. Ople, Part III at 5.
30
Michael Schwarz v. Stadt Bochum, ECJ C-291/12 (2013).
14