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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Friday, August 4, 2017

11700 - How to protect privacy of personal information? Supreme Court wants overarching guideline - India Today


The apex court rejected plea of a Gujarat government lawyer that misuse of personal information could be dealt with on a case-to-case basis.

New Delhi, August 1, 2017 | UPDATED 00:30 IST


India needs an overarching or all-embracing guideline to ensure that private information of individuals, put in public domain, is used only for an intended purpose, the Supreme Court said on Tuesday.

Headed by Chief Justice J S Khehar, a nine-judge Constitution bench is hearing the contentious issue whether right to privacy was a fundamental right.

WHAT THE SUPREME COURT SAID ON PRIVACY:

  1. The apex court rejected plea of a Gujarat government lawyer that misuse of personal information could be dealt with on a "case-to-case basis" and said an all-embracing guideline was needed keeping in mind the size of the population of India.
  2. The bench also referred to the fact that India was a signatory of a 1948 international convention which recognised privacy as a human right.
  3. Referring to arguments put forward by the Maharashtra government on the issue, the court said, "Even if we accept it that the Constituent Assembly dealt with it (privacy issue) and decided against including it as a fundamental right, then how you will deal with the fact that India is a signatory to the Universal Declaration on Human Rights which recognises it."
  4. The bench, which also comprised justices J Chelameswar, S A Bobde, R K Agrawal, R F Nariman, A M Sapre, D Y Chandrachud, Sanjay Kishan Kaul and S Abdul Nazeer, said that there has to be an "overarching" or all-embracing guideline to ensure that the private information of individuals, put in public domain, was used only for an intended purpose.
  5. "If I give personal information like names, parents' name and telephone numbers for a particular purpose, then a reasonable expectation will be that it is used only for that particular purpose... (Otherwise) how we will deal with the violations?" it asked.
  6. On the issue that a large number of people have put their personal information in public domain, the bench said, "When you have so many users, then you cannot decide on facts of each case. You have to have over-arching principles or guidelines to regulate."
  7. Additional Solicitor General Tushar Mehta, representing the Unique Identification Authority of India (UIDAI) and the Madhya Pradesh government, said that even the state cannot track the activities of an individual by using the Aadhaar number and moreover, there are enough safeguards provided in the Act to protect personal information.
  8. "Privacy is inherently a vague and subjective concept which is incapable of any precise definition and its contours cannot be conferred with a status of a fundamental right," Mehta said.
  9. The arguments would continue tomorrow in the apex court which said that it might reserve the verdict in the matter.