Aadhaar

The UIDAI has taken two successive governments in India and the entire world for a ride. It identifies nothing. It is not unique. The entire UID data has never been verified and audited. The UID cannot be used for governance, financial databases or anything. It’s use is the biggest threat to national security since independence. – Anupam Saraph 2018

When I opposed Aadhaar in 2010 , I was called a BJP stooge. In 2016 I am still opposing Aadhaar for the same reasons and I am told I am a Congress die hard. No one wants to see why I oppose Aadhaar as it is too difficult. Plus Aadhaar is FREE so why not get one ? Ram Krishnaswamy

First they ignore you, then they laugh at you, then they fight you, then you win.-Mahatma Gandhi

In matters of conscience, the law of the majority has no place.Mahatma Gandhi

“The invasion of privacy is of no consequence because privacy is not a fundamental right and has no meaning under Article 21. The right to privacy is not a guaranteed under the constitution, because privacy is not a fundamental right.” Article 21 of the Indian constitution refers to the right to life and liberty -Attorney General Mukul Rohatgi

“There is merit in the complaints. You are unwittingly allowing snooping, harassment and commercial exploitation. The information about an individual obtained by the UIDAI while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a court for the purpose of criminal investigation.”-A three judge bench headed by Justice J Chelameswar said in an interim order.

Legal scholarUsha Ramanathandescribes UID as an inverse of sunshine laws like the Right to Information. While the RTI makes the state transparent to the citizen, the UID does the inverse: it makes the citizen transparent to the state, she says.

Good idea gone bad
I have written earlier that UID/Aadhaar was a poorly designed, unreliable and expensive solution to the really good idea of providing national identification for over a billion Indians. My petition contends that UID in its current form violates the right to privacy of a citizen, guaranteed under Article 21 of the Constitution. This is because sensitive biometric and demographic information of citizens are with enrolment agencies, registrars and sub-registrars who have no legal liability for any misuse of this data. This petition has opened up the larger discussion on privacy rights for Indians. The current Article 21 interpretation by the Supreme Court was done decades ago, before the advent of internet and today’s technology and all the new privacy challenges that have arisen as a consequence.Rajeev Chandrasekhar, MP Rajya Sabha

“What is Aadhaar? There is enormous confusion. That Aadhaar will identify people who are entitled for subsidy. No. Aadhaar doesn’t determine who is eligible and who isn’t,” Jairam Ramesh

But Aadhaar has been mythologised during the previous government by its creators into some technology super force that will transform governance in a miraculous manner. I even read an article recently that compared Aadhaar to some revolution and quoted a 1930s historian, Will Durant.Rajeev Chandrasekhar, Rajya Sabha MP

“I know you will say that it is not mandatory. But, it is compulsorily mandatorily voluntary,” Jairam Ramesh, Rajya Saba April 2017.

August 24, 2017: The nine-judge Constitution Bench rules that right to privacy is “intrinsic to life and liberty”and is inherently protected under the various fundamental freedoms enshrined under Part III of the Indian Constitution

"Never doubt that a small group of thoughtful, committed citizens can change the World; indeed it's the only thing that ever has"

“Arguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say.” -Edward Snowden

In the Supreme Court, Meenakshi Arora, one of the senior counsel in the case, compared it to living under a general, perpetual, nation-wide criminal warrant.

Had never thought of it that way, but living in the Aadhaar universe is like living in a prison. All of us are treated like criminals with barely any rights or recourse and gatekeepers have absolute power on you and your life.

Announcing the launch of the#BreakAadhaarChainscampaign, culminating with events in multiple cities on 12th Jan. This is the last opportunity to make your voice heard before the Supreme Court hearings start on 17th Jan 2018. In collaboration with @no2uidand@rozi_roti.

UIDAI's security seems to be founded on four time tested pillars of security idiocy

1) Denial

2) Issue fiats and point finger

3) Shoot messenger

4) Bury head in sand.

God Save India

Saturday, March 26, 2016

9646 - How the government gains when private companies use Aadhaar - Scroll.In


IDENTITY PROJECT

Published Yesterday 09:15 am.   


It will be able to collect more specific data on citizens.

              Image credit:  Manan Vatsyayana/AFP

Last week, Rajya Sabha made a last-ditch attempt to modify the contentious Aadhaar legislation introduced by the Modi government. Since the legislation was introduced as a Money Bill, the Upper House had no powers to amend it. It could only send back the bill with recommended amendments.
One of the clauses which Rajya Sabha wished to amend related to the use of the Aadhaar number, the 12-digit unique identification number assigned after the collection of an individual’s biometrics in the form of fingerprints and iris scans.
Clause 57 said that anyone, whether an individual or a public or private organisation, could use the Aadhaar number. Rajya Sabha voted to restrict the use of the number to the government. After all, the government had justified introducing Aadhaar legislation as a Money Bill by stating that it would be used for delivering government subsidies and benefits funded out of the Consolidated Fund of India. If the delivery of government welfare is the aim of Aadhaar, why should private companies be allowed to use it?

The Rajya Sabha recommended dropping clause 57 to limit the use of Aadhaar to government agencies. But the Lok Sabha rejected its recommendation, and cleared the Bill in its original form, paving the way for private companies to use Aadhaar.
Strikingly, however, well before the Bill was cleared, a private company started advertising its services as “India’s 1st Aadhaar based mobile app to verify your maid, driver, electrician, tutor, tenant and everyone else instantly”. In an article for Scroll.in, legal researcher Usha Ramanathan said, “A private company is advertising that it can use Aadhaar to collate information about citizens at a price. It says this openly, even as a case about the privacy of the information collected for the biometrics-linked government database is still pending in the Supreme Court.”

LinkedIn for plumbers
The company that owns the mobile app called TrustID believes it is not doing anything wrong.

Monika Chowdhry, who heads the marketing division of Swabhimaan Distribution Services, the company that created TrustID, defended the app, saying it offers the valuable service of verifying people's identities. “In our day to day life, we do a lot of transactions with people – like maids or plumbers. Till now, you would have to trust them on what they said about themselves and what others said about the quality of their work.” The company is solving that problem, she said. “We are saying ask the person for their Aadhaar number and name and we will immediately tell you if they are telling the truth or not,” Chowdhry said.

Chowdhry said that over time, the Aadhaar number of individuals will be used to create a private verified database of TrustIDs. “Our plan is to create a rating mechanism,” she said. Referring to the option for maid, plumbers and other service providers on the app, she added: “People like you and me, we have Linkedin and Naukri. What do these people have?”
How does the company use Aadhaar for verification and is there a reason to be concerned?

Aadhaar authentication
After you have logged into the TrustID app, you can choose from a dropdown menu of categories. You can send anyone's Aadhaar number, gender and name – or even biometrics – and the app claims it can verify their identity.


The app performs Aadhaar authentication – which means it matches an Aadhaar number with the information stored against that number in the servers of the Unique Identification Authority of India. At the time an individual enrols for an Aadhaar number, they disclose their name, gender, address and give biometric scans. This information is held in a database maintained by the UID authority.

One of the criticisms of Aadhaar has been that the database of millions of people could be misused in the absence of a privacy law in India. First, there is the question about whether the biometrics are secure. Second, there are risks that accompany the uncontrolled use of unique numbers.

In response, the proponents of Aadhaar have said that the data is encrypted and secure, and can be accessed only by the authority. Those wanting to authenticate – or match – the Aadhaar number cannot directly access the database. They can simply make requests to the authority which authenticates the number for them.

So far, it appeared that the authority was taking Aadhaar authentication requests solely from government agencies. For instance, to pay wages to workers of the rural employment guarantee programme.

But TrustID’s example showed that private companies too have been sending authentication requests to the authority. This is not entirely surprising for those who have followed the blueprint for Aadhaar as envisioned by Nandan Nilekani, its founder. In an interview in 2012, Nilekani spoke about creating a "thriving application system" using Aadhaar for both the public and private sector.

Chowdhary said Swabhimaan Distribution Services registered as an Aadhaar authentication agency in November 2015, and the app was launched in January 2016.


TrustID, or Swabhimaan, is not the only private company that has signed up as an authentication agency for Aadhaar. A quick Google search throws up the name of Alankit, which wants to “provide Aadhaar Enabled Services to its beneficiaries, clients and customers and can further verify the correctness of the Aadhaar numbers provided ” .

This shows the authority entered into agreements with private companies well before the Aadhaar law was passed in Parliament. The companies were running ahead of legislation in a space unbounded by law, and the UIDAI supported them in this.

It is unclear how many private companies were sending requests for Aadhaar authentication. Scroll's questions to Harish Agrawal, the deputy director general of Aadhaar's Authentication and Application Division, remained unanswered.
In an interview to Business Standard, ABP Pandey, the director general of the UIDAI, said, "Usually what happens is that first a law is passed and thereafter the institutions are built and operations start. Here it has happened the other way around. The operations – the enrolment – is almost complete. The organisation is also there and has been working under executive orders. Now everything has to be kind of retrofitted in to the acts and the regulations."

Why is this problematic?
For one, allowing private companies to use the Aadhaar number shows that the government’s stated aims of Aadhaar are misleading.

Both in the Supreme Court and in Parliament, the government has pushed for the use of Aadhaar as an instrument of welfare delivery. It justified passing Aadhaar legislation as a Money Bill by emphasising its importance to its welfare schemes. But as the case of Swabhimaan shows, Aadhaar's uses clearly go well beyond what the Bill's preamble describes as the “targeted delivery of subsidies, benefits and services, the expenditure for which is incurred from the Consolidated Fund of India.”
Two, biometrics and unique identification numbers are a qualitatively new form of private information. As such, they bring unknown risks. India does not have a privacy law, and a law defining the use of biometrics and unique numbers is yet to be created. Delhi-based lawyer Apar Gupta said, “Even the Aadhaar Bill is yet to be approved by the president. Its rules are yet to be drafted. There is not enough legal guidance on its use.”

Three, companies like Swabhimaan would be in a position to construct databases of their own. Take TrustID. When it starts retaining Aadhaar numbers, and adds ratings to them, it creates a database of its own, which amounts to creating profiles of people.

Here, as Ramanathan said, the analogy with the networking site LinkedIn doesn't work. “When I have an account on LinkedIn, I update my data,” she said. But the TrustID app generates profiles out of the ratings that others give. Even if a prospective employee shares his/her Aadhaar number, it does not amount to free consent since getting a job hinges on giving that number.

In the future, companies could use Aadhaar numbers in unknown ways, for instance, to combine multiple databases – banks, telecom companies, hospitals – to create detailed profiles of you and me that they can monetise. In effect, Aadhaar becomes a commercial instrument for private companies, and not just a mechanism for the delivery of government welfare.

Gains for the government
Sunil Abraham, the executive director of the Centre for Internet and Society, further explained the risks that arise when databases are combined. He cited the example of OCEAN, the system created by researchers at the Indraprastha Institute of Information Technology to raise privacy awareness. OCEAN used publicly available information held by the government (voter identity card, PAN card, driving licence) to access details about citizens in Delhi. This public data was combined with people's Facebook and Twitter accounts, and the aggregated results were visualised as a family tree which showed information extending to a person’s parents, siblings and spouse.

"If a company like TrustID tied up with OCEAN, it can create a very detailed profile of an individual," said Abraham. "To continue with the example of a job-seeker, if a employer uses TrustID to verify applicants' identity or profiles, the App may combine a database like OCEAN to track that you logged into Twitter at, say 2 am on most nights. It can profile you as someone who might not turn up at work on time in the morning."

Abraham pointed out that the government too stands to gain by allowing private companies to use Aadhaar for authentication. "Use of authentication by private companies will mean UIDAI can have information on authentications performed on you, or by you, over time in the private sphere as well, say during such a job search," he said. For instance, when TrustID runs a search for your prospective employers using your Aadhaar number, the government knows you have applied for a job at certain companies. "This is unnecessary involvement of the government, giving it access to information in an area that it should not have access to."

Over time, such Aadhaar authentication for private services in companies, hospitals, or hotels will "help the government gain granular data on citizens", he said.
Perhaps that explains why the government rushed the Aadhaar Bill through Parliament, allowing little time and room for public debate.

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