At the Supreme Court now, waiting for the start of the #NIDSCourtCase. There is a wall of quotes about justice near the entrance. #Jamaica 
Court now in session, as CJ Sykes, Justices Batts & Palmer Harrison begin hearing the matter. QC Michael Hylton (representing claimants) introduces the attorneys appearing in the matter, including AG Malahoo Forte QC. Says both sides ready to begin. #NIDSCourtCase #Jamaica
Hylton says both sides agree that the Indian #Aadhaar Act & Indian Supreme Court decisions are relevant to the #NIDSCourtCase. Goes on to say that they differ in regards to approach to the decisions. #Jamaica
Hylton is outlining the ways in which he says the Govt submissions are incorrect. #NIDSCourtCase #Jamaica
Hylton going through his submissions.CJ Sykes at one point asks if offense of not registering 4 NIDS is continuing offense,where person can be changed repeatedly if continues not to comply.Hylton says yes, that's his understanding.Question many have asked. #NIDSCourtCase #Jamaica
Hylton is looking at the privacy provisions in #Jamaica's Constitution, the new Charter of Fundamental Rights and Freedoms, and their impact on sections of the NIDS Act. #NIDSCourtCase #Jamaica
Hylton says Govt says that there is some infringement of rights, but that it is demonstrably justifiable. Hylton looks at what criteria the State would have to meet to satisfy that standard. #NIDSCourtCase #Jamaica
Court took a break and will resume at 11:45. Has moved from Court 18 in new civil division building to Court 9 in old building. Move made to provide more space. A tight fit. #NIDSCourtCase #Jamaica
I'm now sitting on a hard wooden bench instead of a nice cushioned chair, waiting for court to resume...😂 #NIDSCourtCase #Jamaica
Prefered the new courtroom in the civil division. Everybody sitting at same level. Here we have the old hierarchical setting of different levels. #NIDSCourtCase #Jamaica #tangentialobservation
Court resumes. Hylton continues making his submissions. Now looking at the stated objectives of the NIDS Act. Starts with those in White Paper. #NIDSCourtCase #Jamaica
Hylton looking at the mandatory requirements to enroll, Section 23. Points to criminal sanction for failure to register. Says that an individual can become a non-person in the eyes of the State if not registered. #NIDSCourtCase #Jamaica
Hylton raises issue of cancellation of #NIDS enrollment allowed in Act. Responds to questions by J Batts & CJ Sykes re notification b4 cancellation & effect of cancellation on individual. #NIDSCourtCase #Jamaica
Hylton dealing with the mandatory requirement for a National ID number to access government services, eg acquiring a passport or a birth certificate or accessing hospital services. Says the State hasn't demonstrated sufficient reason why this should be so. #NIDSCourtCase #Jamaica
Hylton raises discriminatory nature of Act, and uses example of him falling ill in court and a lawyer from Nevis falling ill in court. He would require a National ID number to access hospital services; the lawyer from Nevis wouldn't. #NIDSCourtCase #Jamaica
Hylton now looking at requirement for National ID number to get passport. Refers to constitutional entitlement to passport. Says State hasn't indicated that there is great fraud re getting passports or that current means of ID for that process are failing. #NIDSCourtCase #Jamaica
Hylton now looking at differences between the #Aadhaar Act in India & the #NIDS Act in Jamaica. Looking at the Indian Supreme Court's decision re privacy and the Aadhaar Act. #NIDSCourtCase #Jamaica
Hylton looking at concerns re allowing private sector entities to require National ID for services. Looking at Indian Supreme Court decision re requirement of #Aadhaar number to get SIM card; said not necessary. Says relevant to the #NIDS Act here. #NIDSCourtCase #Jamaica
.#NIDSCourtCase resumes after lunch break. QC Michael Hylton continues his submissions. He makes point that regulations not yet passed & don't know what they will say. Could make things worse. But they can't remedy the complaint regarding the mandatory nature of the Act. #Jamaica
Hylton points to certain open-ended aspects of the Act. Yes, via regulations and certain sections of the Act. #NIDSCourtCase #Jamaica
Hylton says that there are several challenges to the constitutionality of the Act, that he only needs to succeed on one, and that he recognises that some are stronger than others. #NIDSCourtCase #Jamaica
Hylton closes his submissions saying that the #NIDS Act infringes on no less than 8 of the 25 fundamental rights and freedoms of the Charter. #NIDSCourtCase #Jamaica
AG Malahoo Forte QC begins her submissions saying that the constitutional challenge is premature under Section 19 of the Constitutionality and is therefore non-justiciable. #NIDSCourtCase #Jamaica
When AG Malahoo Forte says she wants to look at what the regulations will say, CJ Sykes points out that a regulation cannot change an Act of Parliament, as it is subsidiary legislation. AG agrees. #NIDSCourtCase #Jamaica
CJ Sykes says the Charter of Rights was framed as it was to make constitutional challenges easier. Previously a criminal standard of proof. New Charter has undermined that jurisprudence. #NIDSCourtCase #Jamaica
Justice Batts says previously if you had an alternative remedy, you couldn't bring a constitutional challenge; with new Charter, even if alternative remedies exist, you can bring a constitutional challenge. #NIDSCourtCase #Jamaica
Justice Batts asks AG Malahoo Forte to speak to if, as the complainant asserts, the mandatory collection of fingerprints is a problem how regulations can ameliorate that. #NIDSCourtCase #Jamaica
A long exchange between AG Malahoo Forte and CJ Sykes and Justice Batts regarding section of #NIDS Act requiring public entities to ask for the National ID to provide services and for the individual to comply. #NIDSCourtCase #Jamaica
The AG says that the #NIDS Act doesn't say that the individual not providing the National ID must be denied service. #NIDSCourtCase #Jamaica
At one point the CJ says it seems that the purpose of the provision to require the NIDS for govt service is to drive people to register; no other purpose. #NIDSCourtCase #Jamaica
CJ Sykes says that reference has been made to speeches made by the Hon Prime Minister, but what the court has to look at is the text of the Act. "I can't use what was said in speeches by the Prime Minister or any minister to interpret the law." #NIDSCourtCase #Jamaica
I just arrived at Supreme Court, where Day 2 of #NIDSCourtCase is taking place. AG Malahoo Forte QC is continuing to present the Govt submissions regarding the PNP's constitutional challenge. #Jamaica
At the moment there is an exchange taking place between AG Malahoo Forte and the judges regarding the biometric data that can be collected under #NIDS Act. Third Schedule is being referenced. #NIDSCourtCase #Jamaica
Issue comes up of whether DNA could be obtained despite prohibition in Act. J Batts asks if law wd allow compulsory taking of blood sample to verify blood type, data that may be collected. CJ Sykes asks if DNA can be determined from a blood sample. #NIDSCourtCase #Jamaica
AG Malahoo Forte responds to CJ Sykes' question if DNA can be determined from a blood sample, saying no. I wonder if she is confusing this with an earlier question of whether DNA can be determined from knowing individual's blood type. #NIDSCourtCase #Jamaica
Court now goes on lunch break; to resume at 2pm. At that time AG Malahoo Forte will address the issue of right to a passport, which has been raised in the complainant's submissions. #NIDSCourtCase #Jamaica
Just before the court goes on lunch break, J Palmer Hamilton says Court of Appeal case - Garland Marriott - deals with the issue of DNA being determined by analysis of a blood sample. AG Malahoo Forte thanks her and says she will take a look at it. #NIDSCourtCase #Jamaica
Court resumes. AG Malahoo Forte says case cited by J Palmer Hamilton does establish DNA can be determined from blood sample. Says, however, no blood samples wd be taken under #NIDS. And if regulations mentioned taking DNA, would be wrong&cd be challenged. #NIDSCourtCase #Jamaica
AG dealing with right of equality b4 the law. Says that to claim lack of equality, individual would need to show that s/he were treated differently to someone else in similar situation to her/him. #NIDSCourtCase #Jamaica
AG, in exchange re section of Act which requires public body to request National ID to facilitate provision of services& requires individual to comply with request,asks Judges not to read into the section that failure to comply will mean denial of service. #NIDSCourtCase #Jamaica
In context of NIDS being justifiable, AG goes through the 4 forms of govt issued ID commonly used currently. J Batts asks whether NIDS is the only way to cure the stated mischief. #NIDSCourtCase #Jamaica
AG says making it criminal offence not 2 enroll in #NIDS is not draconian because of provisions regarding sentence& not recording conviction. CJ Sykes outlines all person charged wd still have 2 go through&asks if there's no other option but 2 criminalize. #NIDSCourtCase #Jamaica
CJ Sykes says the position of the court has to be to preserve the right as much as possible and it has to consider whether the policy objective could be achieved by a less intrusive alternative. #NIDSCourtCase #Jamaica
AG, saying that an assertion by complainant of a breach has been made without supporting evidence, suggests that it might be a that politics is being dressed up as rights. #NIDSCourtCase #Jamaica
In subsequent exchange, including a case to do with trade unions, J Batts says that because a case is brought by a politician doesn't mean it is political. #NIDSCourtCase #Jamaica
AG says that the law does engage the right to privacy, but not in a way that would require it to be struck down. #NIDSCourtCase #Jamaica
Court adjourns for the day. Resumes at 10am tomorrow. #NIDSCourtCase #Jamaica
I'm at Supreme Court for continuation of #NIDSCourtCase. AG Malahoo Forte is making submissions regarding the right to privacy. Currently the exchanges with the judges concern access of fingerprints in the#NIDS database for criminal investigations. #Jamaica
CJ Sykes says the way the Act is written would allow police to easily access the #NIDS fingerprint database. He says the criteria stated by the law actually provide no safeguard at all, that the bar is low. #NIDSCourtCase #Jamaica
J Batts earlier said that allowing police to search every house in Jamaica might solve a lot of crime, but is it the kind of society we would want. So would it be okay to search the entire fingerprint database? #NIDSCourtCase #Jamaica
CJ Sykes speaks for a long time about the need to read & interpret the law as written. The intentions of the lawmakers are not relevant. If the lawmakers meant it to be read differently in this instance, the word "and" would have been used instead of "or".#NIDSCourtCase #Jamaica
AG Malahoo Forte says that fingerprint data accessed from the #NIDS database must be treated according to the provisions of the Fingerprint Act and is now looking at those provisions, particularly in regards to storage, retention & destruction. #NIDSCourtCase #Jamaica
J Batts says the layman's concern probably is to do with an earlier step, allowing the police to scan/search the database. Does the Act allow for or prohibit a general search? #NIDSCourtCase #Jamaica
In response to J Batts, the AG says it would be the Authority that would access the database (even on behalf of police) but she cannot say whether a general search would be allowed, as the regulations are not yet in place. #NIDSCourtCase #Jamaica
If the statute requires the Authority 2 maintain accurate & verified database, how will blood type be verified? Simply on individual's say so? Doesn't this allow 4 taking of blood samples, which would allow for DNA analysis? CJ asks AG to respond to this. #NIDSCourtCase #Jamaica
AG points to the Act not allowing for collection of DNA. J Batts asks whether the Act prohibits it absolutely. #NIDSCourtCase #Jamaica
I believe it is important to explore the possibility for abuse and any existing safeguards, as the judges are doing. #NIDSCourtCase
Sorry for my temporary silence. I am trying to take notes of some of what the judges are saying about an individual's rights in a free and democratic society. Yes. #NIDSCourtCase #Jamaica
The freedom includes the freedom to be left alone. If you don't want to interact with the State. Says CJ Sykes. #NIDSCourtCase #Jamaica
Court takes a short break, till 12:15.#NIDSCourtCase #Jamaica
Court resumes. AG begins by referring to a paragraph in the complainants' statement of claim, saying that they aren't opposed to a national identification scheme.#NIDSCourtCase #Jamaica
J Batts responds that the JLP, the PNP & all MPs can agree to a law that is unconstitutional.That the Constitution isn't here to protect the majority,but also the minority.And that when a law is brought to this court, it is to assess its constitutionality. #NIDSCourtCase #Jamaica
AG now looking at the value of the State being able to identify people. J Palmer Hamilton asks whether members of the public currently need to provide identification to access services in the public health sector. #NIDSCourtCase #Jamaica
In the ensuing exchange, the AG ascertaining that J Palmer Hamilton is asking if such services are already being provided without #NIDS-type ID, then why is it necessary. AG speaks of need for State to utilize public resources efficiently. #NIDSCourtCase #Jamaica
J Batts asks if the State wants everyone to have identification, why not offer everyone a free passport? #NIDSCourtCase #Jamaica
AG says a passport could be issued to citizens only and so resident non-citizens wouldn't be covered. J Palmer Hamilton says in that case the Govt could issue an ID for those persons. #NIDSCourtCase #Jamaica
J Batts says he is trying to test whether the same ends can be achieved in a less intrusive way. #NIDSCourtCase #Jamaica
J Batts asks why not leave it up to people to apply for the ID if they want to. AG says if you leave it up to everyone, everyone may not apply and Govt may not be able to reach everyone. #NIDSCourtCase #Jamaica
J Batts says so is that the real intention then, to know& reach everyone whether they want it or not. #NIDSCourtCase #Jamaica
CJ Sykes speaks about core feature of a free and democratic society. Says that at the heart of our society is the individual and his rights. #NIDSCourtCase #Jamaica
Just before court breaks for lunch, J Batts asks AG to show judges where mandatory adoption of such a system exists in a free and democratic society. Court to resume at 2:15pm. #NIDSCourtCase #Jamaica
Court resumes. J Palmer Hamilton says from 1 govt affidavit main benefit seems 2b financial 1; this seems 2 negate need 4 everyone 2 have this form of ID, as not everyone needs 2 conduct financial transactions. AG is saying it isn't only reason/benefit. #NIDSCourtCase #Jamaica
AG now going through how # of jurisdictions deal with mandatory taking of identity info/data. Starting with USA. Looking at case from NY, dealing with state requiring mandatory taking & storage of info of people being prescribed certain drugs. #NIDSCourtCase #Jamaica
CJ Sykes points out that the people had chosen to go and ask for the prescription. It was a choice on their part. They could choose not to. And everyone in the State wasn't required to give their info, whether or not they were getting those drugs. #NIDSCourtCase #Jamaica
CJ in the 3 cited cases from the US it was the ppl voluntarily choosing to engage in something &in order to do so, they are told to give certain info. In the case here, you are being required to give the info, whether or not you want to;you have no choice. #NIDSCourtCase #Jamaica
AG now looking at European Convention and the right to privacy. #NIDSCourtCase #Jamaica
All three judges have asked AG about the relevance of a European case cited dealing with the collection& storage of biometric info, given that it was about a certain category of ppl - those arrested and charged - and not the entire population. #NIDSCourtCase #Jamaica
J Batts says that what would be useful would be a case from a free and democratic society where mandatory taking of information from everyone was upheld. #NIDSCourtCase #Jamaica
AG now looking at two cases from India, which she is distinguishing as big #Aadhaar and small Aadhaar. #NIDSCourtCase #Jamaica
AG now looking at case from Mauritius, which has mandatory ID system, requiring collection of biometric data incl fingerprints. Criminal sanction for failure to enroll. Man refused to apply and was charged. He challenged as breach of right to privacy. #NIDSCourtCase #Jamaica
AG says court in Mauritius found that the taking of fingerprints under the ID system was a breach of right to privacy, but that it was justifiable given the reasons for the system. #NIDSCourtCase #Jamaica
AG now dealing with the storage and protection of the fingerprint data, which the Supreme Court in Mauritius found was not adequate. Refers to Privy Council judgment in the matter. #NIDSCourtCase #Jamaica
CJ Sykes expresses great displeasure with AG having gone through a # of cases prior to Mauritius case, which he says is only one relevant to the Jamaican situation. He says the AG insisted on going through the other cases, which was a grand waste of time. #NIDSCourtCase #Jamaica
AG says the ID system law in Mauritius was not struck down. #NIDSCourtCase #Jamaica
AG is ending her submissions. Says asking court to accept position that only the right to privacy has been engaged, not any of the others proposed by the claimant. And that the challenge is premature. The regulations are to come. #NIDSCourtCase #Jamaica
Michael Hylton QC is now responding. #NIDSCourtCase #Jamaica
Hylton points out that protections regarding biographical&biometric data collected don't apply to other data. Points to 6(i)(e) of Act which allows 4 development of policies 4 sharing of data. Points out effect of amendment 2 DNA Evidence Act in #NIDS Act. #NIDSCourtCase #Jamaica
Hylton says that #NIDS database will capture a lot more information about him than the info he gives. It will track many of his transactions. And the Authority is mandated 2 develop policies 4 sharing of all data, which has not been demonstrably justified. #NIDSCourtCase #Jamaica
Hylton says the #NIDS Act amends the Education Act. Adds the National ID Number to info a public school shall require to admit a child. So is a Jamaican child without a NIN be excluded from school? #NIDSCourtCase #Jamaica
Hylton ends by saying fundamental rights should never be trivialized. #NIDSCourtCase #Jamaica
Court has ended. Judgment is reserved. CJ Sykes says it will be delivered before 180 days. #NIDSCourtCase #Jamaica
