A Guide to Litigating Identity Systems
USES OF BIOMETRIC DATA: PROFILING
40. The use of biometric data in identity systems can lead to a disproportionate
interference with the right to privacy because they help track the movement
of people enrolled in the system and create comprehensive profiles of
individuals.
a) Justice Sykes of the Jamaican Supreme Court argues that the pairing of
biometric data with a unique identification number allows the state to
track individuals.127 Justice Sykes also finds that the biometric data and
unique identification number system envisioned in Jamaica would allow
for profiling.128 This is the case because the data seeded across
databases for verification purposes can be linked and used to create a
profile of an individual.129
b) The Supreme Court of the Philippines identified the risk that an individual’s
movements could be tracked using a national identity system because
the individual would need to present their identification whenever they
dealt with a government agency, the instances of which will necessarily
be recorded.130 The court also suggests that the sophisticated data
centre housing the information could then create a “cradle-to-grave
dossier on an individual.”131
127 Opinion of Justice Sykes, ¶ 246.
128 Opinion of Justice Sykes, ¶ 246.
129 Opinion of Justice Sykes, ¶ 246.
130 Blas F. Ople, Part III at 5.
131
Blas F. Ople, Part III at 5.
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