A Guide to Litigating Identity Systems RIGHTS TO LIBERTY AND MOVEMENT 64. Identity systems impact the right to liberty. a) The Jamaican Supreme Court holds that the right to liberty includes the right to choose whether or not to share personal information and that the requirement under the identity system’s legislation to compulsorily part with biographical and biometric information without having the right to opt out is likely to violate Article 13(3)(a) of the Jamaican Charter of Fundamental Rights and Freedoms, which protects “the right to life, liberty and security of the person and the right not to be deprived thereof except in the execution of the sentence of a court in respect of a criminal offence of which the person has been convicted.”272 b) The Jamaican Supreme Court held that the right to physical liberty is affected due to the freedom of movement being constrained by requiring an individual to go to a specific place at a specific time to give the information mandated under the legislation.273 c) The dissent of the Indian Supreme Court holds that liberty involves not only a negative component but also a positive component that requires states to take positive measures to protect individual rights by creating a data protection regime and autonomous regulatory frameworks that give individuals access to remedies against both state and non-state actors.274 272 Julian J. Robinson, ¶ 349. 273 Julian J. Robinson, ¶ 247(B)(19), 361. 274 Aadhaar Judgment, ¶ 169 of dissent. 63