Myanmar: Human Rights Analysis of Biometric Digital ID Systems substantial number.92 Certain marginalised groups have lower rates of Aadhaar enrolment; 30% of homeless persons lacked an Aadhaar number, perhaps because of the requirement to show residency.93 Other Key Concerns Several other key issues with Aadhaar signal concerns to look out for with other digital ID regimes: • Data breaches: Researchers and activists have identified a number of leaks of Aadhaar data or other breaches.94 Many of these are related to attempts to link Aadhaar to other systems. For example, a failed attempt to link Aadhaar to voter registry lists has raised concerns about politicians accessing voter data.95 • Surveillance: Every time the Aadhaar system authenticates an identity, it stores that information in authentication logs. These logs have the potential to be used as a surveillance tool, which is of particular concern because the legal framework does not articulate clear standards for when law enforcement officials may access Aadhaar data.96 • Oversight: UIDAI was formed before the Aadhaar Act was passed, meaning that its legal mandate was created in an ad hoc fashion. The Supreme Court found that the grievance and appeals mechanisms were insufficient. Originally, the Aadhaar Act only permitted UIDAI to bring complaints about violations of the Act and not on behalf of individual victims. The Supreme Court has now directed that this should be amended, noting that the Act “does not place any institutional accountability upon UIDAI to protect the database of citizens’ personal information.”97 3.2 Kenya Kenya’s National Integrated Identity Management System (NIIMS) combines biometric data with personal information from pre-existing government databases. Ultimately, it aims to serve as the single source of ID in Kenya.98 Upon registration, each person receives a unique number called a Huduma Number, or Huduma Namba in Swahili. The government has indicated that this will be necessary in order to access services in the future such as acquiring an ID card, passport or driving licence. The government reported that 26 million Kenyans had registered in the first round of Huduma Namba registration, which ran from April to May 2019. The system uses information on nationality, place of birth, parentage, marital status, educational and employment background, 92 Sushil Kambampati, note 78. State of Aadhaar, Top 10 Insights, note 90. 94 SFLC, Aadhaar Breaches and Leaks, 24 April 2017. Available at: https://sflc.in/uidai-aadhaar-breaches-and-leaks. 95 Aria Thaker, Data Leaks Could Wreak Havoc in India, So Why Aren’t They an Issue this Election?, Quartz India, 4 April 2019. Available at: https://qz.com/india/1586748/data-leaks-and-cybersecurity-should-be-an-election-issuein-india. 96 Access Now, note 2, at 19. 97 Puttaswamy v. India, 2018, note 82, para. 353 (directing amendment of section 47). 98 National Government Communication Centre, Brochure: National Integrated Identity Management System. Available at: https://www.hudumanamba.go.ke/wp-content/uploads/2019/03/NIIMS-BROCHURE-suggestededits.pdf. 93 - 16 -