A Guide to Litigating Identity Systems
PART TWO:
BIOMETRICS
WHAT IS BIOMETRIC INFORMATION
46. Biometric information, defined in the Aadhaar legislation as “photograph,
finger print, iris scan, or such other biological attributes of an individual as
may be specified by regulations,”160 is often central to the authentication
procedures of identity systems. “Authentication” is a process whereby
information contained in an identity system (stored locally on a card and/or
accessed from a central database) is used to establish whether someone is
who they say they are. Identity systems frequently rely on the collection and
storage of biometric data during system registration, which is compared with
biometric data collected at the point of a given transaction requiring identity
system verification.161 For example, in the Aadhaar system, when an individual
seeks to collect a food subsidy, they will be required to provide their Aadhaar
number and consent to the collection of their identity information (including
biometric data via an iris or fingerprint scan). Their information is sent to the
central system authority, which authenticates the identity of the individual by
matching the data provided to data stored in the system. The central
authority then provides either a positive or negative response to the
transmitting vendor. If a positive response is received, the subsidy will be
160 Aadhaar Judgment, Justice K.S. Puttaswamy and Another v. Union of India and Others, Writ Petition (Civil) No. 494
of 2012 & connected matters, ¶ 40 of dissent (2018).
161
See, eg Aadhaar Judgment, ¶ 44 at 51; Madhewoo v. The State of Mauritius and Anor, 2015 SCJ 177
http://ionnews.mu/wp-content/uploads/2015/05/Biometric-ID-Card_Madhewoo-vs-State.pdf at 13; Julian J.
Robinson v. The Attorney General of Jamaica, Claim No. 2018HCV01788, ¶ 21 (2019).
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