ID programme faces first challenge over privacy, data
Venkatesha Babu and Karen Leigh
The government is looking to the ID programme to help ensure that various welfare programmes reach the poor
Bangalore/New Delhi: In the first significant challenge to the government’s ambitious programme to give more than one billion Indians a unique identification number, a group of NGOs (non-governmental organizations) are planning to take the government to court over a range of issues, including concerns over privacy and the safety of information.
About 100 NGOs, including Alternative Law Forum, Centre for Internet and Society, People’s Union for Civil Liberty and Slum Jagathu, have come together to oppose the implementation of the project in its current form, Mathew Thomas, general secretary of Citizens’ Action Forum, said in Bangalore on Wednesday.
The Unique Identification Authority of India (UIDAI) “is not a statutory body, not having been created by any Act or under any law, but by executive fiat”, he said. “It is set up as an appendage to the Planning Commission. It cannot be scrutinized either by Parliament or the Comptroller and Auditor General.”
In what had been expected to become a hurdle to the project, those against it are citing data protection and privacy, factors that led to the failure of a similar initiative in the UK.
“The government could not prevent recent cyber attacks by Chinese hackers on its own websites. What guarantee is there that a centralized database would be safe?” said Sunil Abraham, executive director of Centre for Internet and Society, one of the groups opposed to the ID programme, which has been named Aadhaar. “Also, data collected might be misused to discriminate against minorities and other vulnerable sections of society.”
R.S. Sharma, UIDAI director general, declined to comment in detail.
“Everything is transparent. Whatever we have been doing, we have been putting it on our website,” he said. “As to their specific complaints, I will not be able to respond over the telephone.”
The NGOs are also questioning the cost of the project and why no feasibility study was conducted. UIDAI is headed by Nandan Nilekani, co-founder and former chief executive of Infosys Technologies Ltd, India’s second largest software firm.
“First, the government has to respond how the chairman was chosen and appointed,” Thomas said. “Would the same person in his earlier organization authorize a project involving thousands of crores without a preliminary project report on feasibility? Public money is being spent without accountability.”
Nilekani wasn’t reachable for comment.
The government is looking to the ID programme to help ensure that various welfare programmes reach the poor. This objective would be difficult to achieve, the NGOs said.
“In a country with 48% illiteracy, a 12-digit card might prove to be a handicap instead of help,” they said in a release. “The project in its present form must be scrapped.”
The NGOs also said that projected savings from the stemming of leakages owing to the ID programme were not authenticated or backed by independent data. “It’s surprising that the project is being implemented with no discussion in Parliament nor consultation with other political parties,” they said.
venkatesha.b@livemint.com
Why this Blog ? News articles in the Wide World of Web, quite often disappear with time, when they are relocated as archives with a different url. Archives in this blog serve as a library for those who are interested in doing Research on Aadhaar Related Topics. Articles are published with details of original publication date and the url.
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
