A Guide to Litigating Identity Systems 29. The use of any data by the state, including the implementation of an identity system, must be carried out against this backdrop with respect for all fundamental human rights. The collection of data to be used in the system and the storage of data can both independently implicate privacy rights and involve overlapping and distinct considerations. Additionally, the particular risks associated with identity systems – heightened danger of cybersecurity attacks,50 identity fraud,51 and potential facilitation of mass surveillance52 – further threaten the right to privacy. Given these risks to privacy, it is vital to ensure courts give adequate weight to potential privacy rights violations in their balancing of competing interests in order to prevent disproportionate or unnecessary impacts on privacy in furtherance of the stated aims of the systems.53 30. This section of the guide provides a variety of arguments explored by different jurisdictions, addressing different conceptions of privacy rights and balancing the importance of privacy rights with proposed benefits of identity systems. Advocates and human rights defenders should utilise this section of the guide to raise identity systems’ impacts on privacy rights and challenge the systems under the proportionality frameworks used by courts to analyse the systems. 50 See Madhewoo, 2015 SCJ 177 at 30. 51 See Opinion of Justice Sykes, ¶ 54. 52 Aadhaar Judgment, ¶ 247 of dissent. 53 See Aadhaar Judgment, ¶ 254 of dissent. 19