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, August 5, 2017

11716 - SC proposes three-tier approach to privacy: Intimate, private and public - New Bytes

03 Aug 2017 | By Gogona Saikia

The SC, during its hearing on whether privacy is a fundamental right, has formulated a three-tier approach to the question by classifying privacy into intimate, private and public.

According to the nine-judge bench, the 'intimate' zone is concerned with aspects like marriage and sexuality, where the state has minimal right of interference.

The scope of regulation is somewhat more in the other two zones.

The first zone: The zone of 'intimate' privacy
Justice DY Chandrachud said, "The first zone could be the most intimate zone of privacy concerning marriage, sexuality, relations with family, and the law should frown upon intrusion. The state could still intrude into this intimate zone in extraordinary circumstances provided it met stringent norms."

The second and the third zones
The private zone would involve "parting of personal data by use of credit card, social networking platforms, I-T declarations etc". The data will be used only for the specific purpose meant.

The public zone, meanwhile, is one where privacy needs minimal regulation. "Personal data shared will not mean the right to privacy is surrendered. The individual will retain his privacy to body and mind."

SC acknowledges role of service sector in defining 'privacy'
The bench also acknowledged the "critical" service sector, "which depends on personal data of Indians using a particular service". "The analysis of choices and personal preferences of 1.4 billion and the analysis of this generates demand in the service sector," Justice Chandrachud observed.

Arguments from the other side
Appearing for Gujarat, advocate Rakesh Dwivedi asked that if US considered privacy as a fundamental right, "how could US forces invade privacy of a house to eliminate Laden?"
He agreed that privacy was intrinsic to other rights, but if it is, "where's the necessity of defining it as a standalone fundamental right?"
According to Dwivedi, "privacy is a fluid term incapable of being defined".

Different sides
Aadhaar and the debate on privacy
The current hearing is concerned with the misuse of biometric information held by UIDAI. The government justifies its push for Aadhaar (contrary to SC guidelines) stating its role in plugging gaps in subsidy schemes and ensuring benefits reach intended targets.
The UIDAI controversially argued that privacy is not a constitutional right and has assured that Aadhaar data won't be used for surveillance.