A Guide to Litigating Identity Systems
66. As discussed in an earlier chapter, the biometric technology underlying
identity systems is fallible and not always accurate, leading to
authentication failures.
a) The Jamaican Supreme Court states that because the decision that
arises from the biometric matching process is the “outcome of a series of
processes that have at their base a probability factor,”279 it can result in
both false positives and false negatives.280
b) The Jamaican Supreme Court states that the differences in sensitivity of
the devices executing the initial data collection and subsequent
comparison affect the reliability of biometric identity systems and
increase the risk of false positives and false negatives.281
c) The dissent of the Indian Supreme Court cites an official document of the
Government of India which recorded authentication failures in several
states of the country: “While Aadhaar coverage speed has been
exemplary, with over a billion Aadhaar cards being distributed, some
states report authentication failures: estimates include 49 percent failure
rates for Jharkhand, 6 percent for Gujarat, 5 percent for Krishna District in
Andhra Pradesh and 37 percent for Rajasthan.”282
279 Julian J. Robinson, ¶ 51.
280 Julian J. Robinson, ¶ 51.
281 Julian J. Robinson, ¶ 53.
282 Government of India, Economic Survey 2016–17,
https://www.thehinducentre.com/multimedia/archive/03193/Economic_Survey_20_3193543a.pdf at 194.
65
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