A Guide to Litigating Identity Systems the other side of the coin. The arguments against identity systems are still developing, and this guide therefore does not provide a comprehensive list of every possible argument. It does, however, provide an organised list of arguments against identity systems that can be read all together or separately, with a variety of reframed arguments meant to illustrate different approaches to challenging identity systems while relying on the same precedents. 3. This guide proceeds in five parts. First, the guide lays out the wide range of arguments challenging identity systems because of their impact on the right to privacy, providing advocates with tools for ensuring privacy right infringement is given adequate weight in courts’ proportionality analyses. Second, it outlines arguments surrounding biometric information (which includes iris and fingerprint information), an important component of most identity systems, challenging assumptions of biometric authentication’s effectiveness and necessity. Third, the guide presents arguments on data protection concerns, highlighting the importance of safeguards to protect rights and pointing to issues around the role of consent, function creep, and data sharing. Fourth, the guide sets out arguments on rights other than privacy, namely liberty, dignity, and equality. The fourth section provides detail on the social and economic exclusion and discrimination that can result from the design or implementation of identity systems. 4. Finally, the fifth section of this guide discusses identity systems’ implications for the rule of law, the role of international human rights law, and considerations of gender identity. Rather than providing a list of arguments, as is the case in the other sections of this guide, the fifth section provides a general overview describing the absence of consideration of these themes in existing jurisprudence and the reasons why these themes warrant future consideration. By developing these arguments in conjunction with the variety of existing arguments illustrated in this guide, advocates can address and challenge the multitude of facets of human rights threatened by identity systems. 5