A Guide to Litigating Identity Systems FUNCTION CREEP AND IDENTITY SYSTEMS 57. The collection and storage of data necessary for a national identity system creates a risk of function creep, which is the proliferation of the identity system’s uses for public and private programmes and purposes. a) The majority opinion from the Indian Supreme Court in the Aadhaar judgment identifies and limits numerous examples of potential function creep. The majority finds the requirement of linking with Aadhaar unconstitutional with respect to education,229 banking,230 and mobile phone use.231 a) With respect to education, the court finds that requiring Aadhaar for admission extends beyond the permissible scope of the enacting legislation, as compulsory education is not a service, subsidy, or benefit.232 b) In relation to banking, the majority finds that the linking of Aadhaar to banking for the purpose of combatting money laundering fails the proportionality test employed with respect to the right to privacy because the interferences with privacy and property outweighed any potential benefits in preventing money laundering.233 c) With respect to mobile phone use, the majority finds that the requirement of linking Aadhaar with SIM cards is too intrusive to justify under the proportionality framework.234 229 Aadhaar Judgment, ¶ 332 at 401–402. 230 Aadhaar Judgment, ¶ 447 at 556. 231 Aadhaar Judgment, ¶ 442 at 521. 232 Aadhaar Judgment, ¶ 332 at 401. 233 Aadhaar Judgment, ¶ 447 at 556. 234 Aadhaar Judgment, ¶ 442 at 521. 53