A Guide to Litigating Identity Systems disbursed.162 While courts have arguably overstated the effectiveness and necessity of biometric data for identity verification in the past,163 the frequency of biometric authentication failure164 is frequently overlooked. These failures can potentially have profoundly negative impacts on individuals enrolled in identity systems,165 and failures are particularly pronounced in the most vulnerable populations included in identity systems.166 In addition to the dangers of biometric authentication failure, biometric information uniquely implicates human rights concerns because of its physical nature167 and the expectation that it will be stored and used over the course of an individual’s lifetime.168 162 See Aadhaar Judgment, ¶ 32 at 32–34. 163 See Aadhaar Judgment, ¶ 296 at 363. 164 Government of India, Economic Survey 2016–17, https://www.thehinducentre.com/multimedia/archive/03193/Economic_Survey_20_3193543a.pdf at 194. 165 See Nikhil Dey & Aruna Roy, “How Chunni Bai’s death exposes the lie about Aadhaar,” Times of India (30 September 2018), https://timesofindia.indiatimes.com/home/sunday-times/all-that-matters/how-chunni-bais-deathexposes-the-lie-about-aadhaar/articleshow/66009239.cms; Privacy International, Understanding Identity Systems Part 3: The Risks of ID, https://www.privacyinternational.org/explainer/2672/understanding-identitysystems-part-3-risks-id 166 Els J. Kindt, Privacy and Data Protection Issues of Biometric Applications: A Comparative Legal Analysis (Springer, 2013), 363. 167 See, eg Madhewoo, 2015 SCJ 177 at 23; Aadhaar Judgment, ¶ 127 of dissent; Opinion of Justice Sykes, Julian J. Robinson v. The Attorney General of Jamaica, Claim No. 2018HCV01788, ¶ 55 (2019). 168 Opinion of Justice Sykes, ¶ 50. 41