A Guide to Litigating Identity Systems
8. Activists and civil society organisations around the globe have been
engaging with and critiquing these systems as they emerge. Sometimes,
these have reached court to challenge the constitutionality of these systems
and how they interfere with human rights, including privacy. In the last few
years, civil society organisations from diverse disciplines and regions across
the world have played key roles in these cases.
9. It is thanks to their tireless efforts that this guide exists, and we are honoured
to have had the opportunity to give recognition and respect to the ground
breaking work they have each undertaken to protect people and their
dignity.
10. Privacy International has partnered with the International Human Rights
Clinic at Harvard Law School to guide the reader through a simple
presentation of the legal arguments explored by national courts around the
world who have been tasked with discussing the negative implications of
identity systems, particularly on human rights, and to present their judgment.
11. This initiative is part of our efforts, with our global partners, to ensure civil
society and legal experts have access to the financial and technical
resources they need to challenge these systems. This may include
challenging the underlying assumptions behind identity systems, the global
ecosystem pushing for their introduction, or demanding the necessary
safeguards for privacy and other rights around identification systems,
including scrutiny of the socio-economic, political, and legal state of
deployment.
12. For too long, civil society organisations have been excluded from the
development of identity systems, with their contribution limited to
‘stakeholder engagement’ sessions long after the important decisions have
already been made. The expertise of these organisations has been
downplayed, and the international debate dominated by players including
governments, development banks, funding institutions, and managementconsultant firms. The cases outlined in this guide prove that the knowledge
and expertise of civil society organisations is huge: not only the impact of
these systems on the people with which they work, but also the technical,
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