A Guide to Litigating Identity Systems test,154 although the court does not explicitly state what prong of the test failed due to the system’s data protection deficiencies. The Kenyan High Court’s assessment of the need for adequate data protection safeguards also ventures one step further, stating that even where a legal framework formally exists, the data protection requirement cannot be met without operationalisation and implementation of the legal framework.155 c) While the Mauritian court does not explicitly state this framework, the court finds the storage of fingerprint data used in its identity system to fail the public order exception test because of the lack of safeguards in the data protection regime.156 154 See Huduma Namba Judgment, ¶ 911. 155 Huduma Namba Judgment, ¶ 853. 156 Madhewoo, 2015 SCJ 177 at 30–32. 38