In 2009, I became extremely concerned with the concept of Unique Identity for various reasons. Connected with many like minded highly educated people who were all concerned.
On 18th May 2010, I started this Blog to capture anything and everything I came across on the topic. This blog with its million hits is a testament to my concerns about loss of privacy and fear of the ID being misused and possible Criminal activities it could lead to.
In 2017 the Supreme Court of India gave its verdict after one of the longest hearings on any issue. I did my bit and appealed to the Supreme Court Judges too through an On Line Petition.
In 2019 the Aadhaar Legislation has been revised and passed by the two houses of the Parliament of India making it Legal. I am no Legal Eagle so my Opinion carries no weight except with people opposed to the very concept.
In 2019, this Blog now just captures on a Daily Basis list of Articles Published on anything to do with Aadhaar as obtained from Daily Google Searches and nothing more. Cannot burn the midnight candle any longer.
"In Matters of Conscience, the Law of Majority has no place"- Mahatma Gandhi
Ram Krishnaswamy
Sydney, Australia.

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 scholar Usha Ramanathan describes 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

Tuesday, November 8, 2016

10495 - Yet another ID - Governance Now

A new unique identifier for health mars the purpose of Aadhaar, in terms of both identification and data tracking

Shivangi Narayan | September 26, 2016

- See more at: http://www.governancenow.com/views/columns/yet-another-id-aadhaar-national-health-protection-scheme#sthash.Q45k9D1s.dpuf


The government has proposed to provide a new unique identification number to eight crore BPL households, or approximately 40 crore people, for its new insurance scheme, National Health Protection Scheme (NHPS). The idea of a new unique number, according to a senior health ministry official, stems from the facts that not everyone is enrolled in Aadhaar and no one should be denied services for want of Aadhaar.

Wait… Wasn’t this one of the purposes of the $3.5 billion scheme that is the Unique Identification (UID) or Aadhaar, that not all Indians have an identification document and no one should be denied services for want of one?

Faulty implementation

Nothing shows the failure of Aadhaar implementation better than the fact that a ministry (here, health) is branching out from the system to provide unique numbers of its own. Its implementation has been faulty to say the least. Enrolment is patchy: dusty centres where humidity bars the machine from taking fingerprints are a far cry from what these centres were envisaged to be. These shady centres charge anywhere between '150-800 for one enrolment, depending on how soon you want your number. This is when the government has promised free enrolment and is paying commission to the centres for the job.

Aadhaar was not created to simply fill a gap in the current identification system. There were many identification documents in India, and providing easy access to any one or two of them could have improved the situation. Aadhaar was made for data collection and tracking. In its paper on public health in India, Unique Identification Authority of India (UIDAI) has claimed that many health-related policies fail because there is no way to track health data. Because of this lack of information, vaccination graph has stagnated at 55 percent, and only 52 percent women go through antenatal checkups, while only 42 percent deliver in hospitals. Lack of a system to connect and track medical records is a lacuna in creating and implementing policies in the Indian health sector.  The same paper argues that linking Aadhaar with Rashtriya Arogyashri Yojana would partially help in tracking health data and checking the spread of epidemics. The Rashtriya Swasthya Bima Yojana, which though has enrolled only 5.4 million individuals in 370 districts and 18 states, would also greatly enhance the capacity of the government to analyse health data for making better policies and improving the existing ones.

Aadhaar was created as this connecting mechanism to provide trackable data to the government not only in health but also in PDS, financial inclusion, employment and education.

The ‘new’ unique health identifier

The proposed new identifier for health will identify ‘ghost beneficiaries’ in the system. In 2008, the same argument was given by Nandan Nilekani and the UPA government for introducing Aadhaar. As far as collecting, analysing and tracking data on health are concerned, the new identifier will only work for BPL households and like many other data silos, would not capture the bigger health picture. For example, without any link between this unique identifier and Aadhaar, it would not be possible to understand the impact of health policies or of chronic diseases on the BPL population. It would be a colossal waste of money if this number was created only for identifying ghost beneficiaries. The government looks a little daft in introducing a whole new identification system because it cannot be sure if the previous one (with the same benefits and promises) works or not. It is also duplication of efforts and money when the UID is already present.

Moreover, rules regarding privacy are probably still to be drafted in the health identifier. Privacy and data protection needs to be absolute here because of the nature of sensitive data – medical records – that it holds. The Aadhaar security mechanism has been built with millions of dollars and is claimed to be unhackable. We wonder if the same amount of money would be spent on this identifier as well.

While absolute privacy is not guaranteed anywhere, the lack of redressal mechanisms in case of a data breach makes India a scary place.

As of now, we have sections 43A and 72A of the IT Act 2008. Section 43A talks about compensation for data misuse or wrongful breach and implementation of security mechanisms for data in any organisation. 72A deals with employees misusing their employer’s data or any third-party data. A privacy bill was introduced in 2011 and redrafted in 2014 but there is little clarity on its implementation.

According to Subhashis Banerjee, professor, computer science, IIT Delhi, a better and more efficient system would be to have local IDs for different verticals such as health, education, PDS, and they all be connected to a national unique identifier like Aadhaar. This would help gather and analyse data across domains that will provide valuable knowledge about India to help in policy making. As mentioned before, Banerjee argues that executing this new ID would be like redoing Aadhaar, but without the benefit of linking it across domains.

(The column appears in the September 16-30, 2016 issue)

- See more at: http://www.governancenow.com/views/columns/yet-another-id-aadhaar-national-health-protection-scheme#sthash.Q45k9D1s.dpuf