A Guide to Litigating Identity Systems of biometric data results in a physical intrusion, which can cause mental harm for people of specific cultural or religious backgrounds.189 c) Justice Sykes of the Jamaican Supreme Court points out that biometric data can reveal personal information about an individual’s physical health.190 For example, Justice Sykes suggests biometric data like retina and iris scans, as well as fingerprints, can be used to determine if an individual has Down’s syndrome, hypertension, or diabetes.191 Health data is particularly sensitive because it may reveal an individual’s medical conditions, which can have “devastating privacy consequences for the individual.”192 d) The Kenyan High Court finds biometric data collected by the Kenyan national identity system to be “personal, sensitive, and intrusive data that requires protection.”193 In reaching this conclusion, the court references the biometric data’s ability to be collected without an individual’s knowledge or consent,194 with potential serious social, reputational, or legal risks and consequences resulting from biometric data’s unauthorised disclosure,195 and the ability of biometric data to provide personal information about an individual.196 Moreover, the court also argues that one particular form of biometric data – DNA information – can reveal an individual’s “likeliness to develop particular diseases, parentage and also family links.”197 189 Aadhaar Judgment, ¶ 127 of dissent. 190 Opinion of Justice Sykes, ¶ 55. 191 Opinion of Justice Sykes, ¶ 55. 192 Opinion of Justice Sykes, ¶ 55. 193 Huduma Namba Judgment, ¶ 772. 194 Huduma Namba Judgment, ¶ 767. 195 Huduma Namba Judgment, ¶ 762. 196 Huduma Namba Judgment, ¶ 758. 197 Huduma Namba Judgment, ¶ 916. 46