uid

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


Special

Here is what the Parliament Standing Committee on Finance, which examined the draft N I A Bill said.

1. There is no feasibility study of the project]

2. The project was approved in haste

3. The system has far-reaching consequences for national security

4. The project is directionless with no clarity of purpose

5. It is built on unreliable and untested technology

6. The exercise becomes futile in case the project does not continue beyond the present number of 200 million enrolments

7. There is lack of coordination and difference of views between various departments and ministries of government on the project

Quotes

What was said before the elections:

NPR & UID aiding Aliens – Narendra Modi

"I don't agree to Nandan Nilekeni and his madcap (UID) scheme which he is trying to promote," Senior BJP Leader Yashwant Sinha, Sept 2012

"All we have to show for the hundreds of thousands of crore spent on Aadhar is a Congress ticket for Nilekani" Yashwant Sinha.(27/02/2014)

TV Mohandas Pai, former chief financial officer and head of human resources, tweeted: "selling his soul for power; made his money in the company wedded to meritocracy." Money Life Article

Nilekani’s reporting structure is unprecedented in history; he reports directly to the Prime Minister, thus bypassing all checks and balances in government - Home Minister Chidambaram

To refer to Aadhaar as an anti corruption tool despite overwhelming evidence to the contrary is mystifying. That it is now officially a Rs.50,000 Crores solution searching for an explanation is also without any doubt. -- Statement by Rajeev Chandrasekhar, MP & Member, Standing Committee on Finance

Finance minister P Chidambaram’s statement, in an exit interview to this newspaper, that Aadhaar needs to be re-thought completely is probably the last nail in its coffin. :-) Financial Express

The Rural Development Ministry headed by Jairam Ramesh created a road Block and refused to make Aadhaar mandatory for making wage payment to people enrolled under the world’s largest social security scheme NRGA unless all residents are covered.


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Wednesday, April 5, 2017

10962 - Is Your Aadhaar Number Confidential?* - Legally India

31 March 2017
By CCG NLU DELHI

Earlier this week, an agency entrusted with enrolling individuals under the Aadhaar scheme inadvertently published Mahendra Singh Dhoni’s personal information online. When it was pointed out this amounted to a gross violation of privacy, the government released a statement confirming that such publication was illegal and that the agency had accordingly been blacklisted. Another post indicated that several databases containing individuals’ Aadhaar numbers can be obtained by a simple online search. Over the last few months, the government has made the Aadhaar number mandatory for a host of benefits, including essential schemes such as the mid-day meal scheme for school children. As Aadhaar increasingly becomes the gateway to accessing benefits, the lack of clarity about how the number can be used, displayed or stored deserves further attention.

Aadhaar was introduced in 2009 as a way to plug leakages in the welfare delivery mechanism. It proposed to do so by creating a secure authentication mechanism that is capable of accurately verifying the identity of beneficiaries. Under the regulations framed under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016 (‘Aadhaar Act’), this can be done in three ways –
  • Demographic authentication – requires some demographic information (such as name or address) along with one’s Aadhaar number
  • One Time Password authentication – authentication through a One Time Password, sent to an individual’s registered mobile number, coupled with one’s Aadhaar number
  • Biometric authentication – uses biometrics along with the Aadhaar number
However, besides authentication, the Aadhaar number, usually printed on paper card and laminated has gained wide currency as a regular identification card. It is popularly used as a proof of identity, and photocopies of it are readily submitted where identity proof is required for compliance with certain legal obligations (such as hotel reservations, use of a cyber-café etc.). The wide circulation of information printed on these cards – Aadhaar numbers as well as basic demographic information such as one’s name and address, makes it susceptible to misuse.
To illustrate, if an entity opted to authenticate its customers using the ‘demographic authentication’ model, the easy availability of such information would make it exceptionally easy to avail the service under a false identity. Even for authentication using biometrics, it has been repeatedly argued that fingerprints can easily be copied and re-created. This points to a need for more restricted use of the Aadhaar number, and stringent safeguards for its storage and sharing.
The legal framework does not specifically prohibit the use of Aadhaar as an identity document, but news reports indicate that the UIDAI does regard this as being problematic. In the weeks following demonetisation, the UIDAI, through its Twitter handle, had ‘advised’ people not to share their Aadhaar numbers printed on such cards. It further warned that if a photocopy was being submitted, it should be self-attested and the purpose for sharing should be clearly stated to avoid misuse. This form of advisory, without any formal action to tackle concerns regarding misuse of Aadhaar data raises several concerns.
The Aadhaar (Sharing of Information) Regulations 2016 (Regulations) require that any individual or entity that collects the Aadhaar number must –
  • Not publish or publicly display it;
  • Ensure its security and confidentiality;
  • Ensure that numbers have been redacted before publishing any database that contains them;
  • Not transfer it in an unencrypted form, except when required for correction errors or grievance redressal; and
  • Not hold such data for longer than is necessary to achieve the desired purpose.
However, a blog post that has been shared widely shows that organisations including government departments have been callous in how they store Aadhaar information. Under the Regulations, this constitutes a violation of Section 29 of the Aadhaar Act. Such a lapse in storing Aadhaar information is punishable with imprisonment for a term which may extend to three years or a fine that may extend to ten thousand rupees or both (in case of a company, the fine may extend to one lakh rupees). However, it remains to be seen if the UIDAI will initiate any action against these entities.
This highlights another weakness of Aadhaar’s legal framework – it does not allow individuals to approach the court for any instance of data mismanagement. The complaint can only be initiated at the behest of the UIDAI. As a result, individuals whose data has been made public can only hope that the UIDAI will take action against erring entities. A recent report highlights that the UIDAI has only initiated criminal complaints in three out of 1390 complaints received by it so far.
Besides this major lacuna, what qualifies as adequate security for storing Aadhaar numbers remains unknown, as the regulations do not prescribe any standard. They are therefore inadequate to ensure that the Aadhaar number remains confidential.
So is the Aadhaar number confidential? The law certainly seems to suggest so, but its wide use as an identity proof indicates otherwise. It is apparent that the Aadhaar is popularly used as an identity document, contrary to its original purpose as a means for authentication or verification of identity. Despite being in contradiction with the scheme of the regulations, there has been little effort on the UIDAI’s part to initiate any course correction. It has been pointed out that one reason for this could be that it will reduce the public acceptability of Aadhaar, and public perception may take a hit. But it is extremely short-sighted to sacrifice individuals’ security and privacy in order to maintain public perception.
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*Builds on important disclosures made by @St_Hill in a post here.
Author: kritikaccg