A Guide to Litigating Identity Systems for longer than is necessary.246 Additionally, Justice Sykes rejects thirdparty access to the system’s data because of a lack of incentives for third parties to protect and safely discard data.247 c) The majority in the Aadhaar judgment restricted the extent to which provisions of the system’s enacting legislation allowed for private party access to the Aadhaar database. Section 57 of the law would have allowed “any body corporate or pursuant” to request Aadhaar identity verification “for any purpose.”248 The majority finds the provision does not “pass the muster of proportionality doctrine” while paying particular attention to the weakness of the public interest component of proportionality balancing with regard to private authentication.249 The majority further limits data sharing in relation to public actors in the national security context. The majority restricts data sharing with national security services by raising the requisite rank of the officer determining the need for disclosure and requiring judicial involvement in the disclosure process.250 d) The dissenting opinion in the Aadhaar judgment also restricts Section 57 of the system’s enacting legislation, finding that private actor access to the Aadhaar platform extends beyond the purpose of the legislation for ensuring targeted delivery of social welfare benefits.251 59. National Identity Systems impermissibly infringe upon individual rights when the data protection regimes governing the system’s sharing of data with security services fail to include robust safeguards. a) Members of the Jamaican Supreme Court express particular concern with the proposed Jamaican identity system’s data sharing with state security services. Justice Palmer Hamilton finds there are insufficient safeguards in 246 Opinion of Justice Sykes, ¶ 247(B)(67). 247 Opinion of Justice Sykes, ¶ 247(B)(74–76). 248 Aadhaar Judgment, ¶ 355 at 427–428. 249 Aadhaar Judgment, ¶ 363–66 at 432–434. 250 Aadhaar Judgment, ¶ 447 at 559. 251 Aadhaar Judgment, ¶ 243 of dissent. 57