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

Sunday, September 11, 2011

1593 - "UID for Dummies" by Simi Chacko and Pratiksha Khanduri - Green Youth


UID for Dummies
Simi Chacko and Pratiksha Khanduri
August 2011

Introduction

A. UID: The Basics
B. The Enrolment Process
C. Benefits of UID
D. Concerns: Biometrics, Privacy, Data security, Surveillance
E. UID and Other Databases
F. Similar Initiatives across the World

Endnote
References
Appendix 1: Valid Identification Documents
Appendix 2: ID Systems and Debates across the World
Notes
                                             
The authors are graduate students at Jawaharlal Nehru University (JNU, New Delhi) and the Delhi School of Economics, respectively 
(contact address: uidfordummies@gmail.com). 
We thank Reetika Khera and Jean Drèze for their useful inputs and insightful comments.

INTRODUCTION

The Government of India has embarked upon an ambitious exercise to provide a "unique identification" (or UID) number to every resident of the country. Each number is to be connected with three types of biometric data: iris scans, fingerprints (all ten fingers) and a picture of the face. 

UID, it is claimed, will act as a useful identification facility and help the government to root out corruption from social programmes. The project was flagged off with lightening speed in September 2010, when the first residents were "enrolled" under UID in Tembhali village, Maharashtra. Since then, no effort has been spared to attract people to enrolment centres.

This urgency in enrolling people has led to a series of misinformed assumptions. Misconceptions range from iris scans being taken for an 'eye test' to fear of ration cards being taken away from those who didn't participate in this 'photography'.


1- Ranjana, the woman who made headlines in September 2010 for being the first person to get a UID number, was in the news again recently after complaining that the number was useless - she had tried to get a travel concession with it on the bus! The conductor bluntly told her to "dump the card in a dustbin".


2- The authorities are not able to clarify these misconceptions because their attention is focused on meeting the enrolment targets.

Meanwhile, the UID project has raised many questions related for instance to privacy, civil liberties, financial costs, and even technical feasibility. Even the Planning Commission is concerned that disquieting "test results" of the UID project have been ignored.


3- Tall claims that UID will enable better management of welfare schemes like NREGA and the PDS have also begun to be questioned. Behind all this, there is a larger question - is there more to UID than meets the eye?

Despite these major concerns, there has been scarce public discussion about key aspects of the UID project. Viewing some of the media coverage that UID has got, it gives a sense of disproportion in the nature of reportage - a bit congratulatory, little depth and few questions asked. This inadequate probing and questioning has led to a lack of understanding within the general population about UID.  With that thought, this primer seeks to shed some light on various aspects of this project and answer some frequently asked questions.

The primer relies on official documents (such as the UIDAI's “Strategic Overview”,“Handbook for Registrars”, “UID and Public Health” paper, etc) as far as the official side of the picture is concerned. This is complemented with other publicly available material, e.g. newspaper articles, reports, interviews, public lectures, websites, etc. As you read on, you will see that on many key aspects of UID, accurate information is not easy to find - we have done our best with the material available.

A. UID: The Basics

Q. 1. What is UID?
UID is a “unique identification” number that is to be assigned to every resident of India – one person, one number. This number, aside from being unique for each person, can be verified from his or her fingerprints. It is a little bit like an identity card (or a voter ID) that no-one can lose, steal, forge, or duplicate. What purpose the UID is supposed to serve will be discussed further on.

Q. 2. What about UIDAI?
UIDAI (the Unique Identification Authority of India) is the authority that has been created to issue UID numbers. It was set up in January 2009, by an executive order, not a legislative measure such as an Act of Parliament, under the wings of the Planning Commission. The stated goal of the UIDAI is to “issue a unique identification number (UID) to all Indian residents that is (a) robust enough to eliminate duplicate and fake identities, and (b) can be verified and authenticated in an easy, cost-effective way.”4 Detailed information about UIDAI is available on the Authority’s website (http://uidai.gov.in).

Q. 3. Is there a law governing the functioning of UIDAI?
Not yet. The National Identification Authority of India Bill 2010 (hereafter “NIAI Bill”), tabled recently in the Rajya Sabha, seeks to create a legal framework for UID.5 If and when the Bill is passed, UIDAI will become a permanent statutory body, renamed National Identification Authority of India (NIAI). The law will also stipulate rules, regulations, processes and protocols to be followed by different agencies partnering with NIAI. Meanwhile, the UID process is already in full swing, without any legal framework.

Q. 4. On what grounds do we need a UID?
UID is supposed to act as an all-purpose, fool-proof identification device. This could help, for instance, in preventing “identity fraud” (like impersonation, when someone pretends to be someone else), and in facilitating all processes that require identifying oneself – such as opening a bank account or applying for a passport.

According to the UIDAI’s “Strategy Overview” document, in India “inability to prove one’s identity is one of the biggest barriers preventing the poor from accessing benefits and subsidies.” The document goes on to state: “But till date, there remains no nationally accepted, verified identity number that both residents and agencies can use with ease and confidence. As a result, every time an individual tries to access a benefit or service, they mustundergo a full cycle of identity verification. Different service providers also often havedifferent requirements in the documents they demand, the forms that require filling out, and the information they collect on the individual.”6

So, the UID project was initiated on the apparent premise that the poor faced great hurdles in accessing benefits and subsidies due to the inability to provide proof of their identity. This problem was always there. It is interesting that it is being “discovered” now, just when a readymade “solution” is in hand. There are, of course, more fundamental reasons why poor people are often excluded from public services and programmes – including the nature of power structures, which tend to be reinforced by projects like UID.

Some healthy scepticism, then, is in order here, especially since there are other views of the real purpose of UID. According to some, for instance, the initial purpose (under the NDA government) was “to wash out the aliens and unauthorized people. But the focus appears to be shifting... Now, it is now being projected as a development-oriented initiative, lest it ruffle any feathers. People would be unwilling to give up their right to privacy.”7 This is not a human rights activist speaking – it is A.K. Doval, former Intelligence Bureau Chief. And he would know.

It is unlikely that the UPA government would want to be caught on the back foot promoting a surveillance programme initiated by the NDA government. And so begins the consistent effort to manoeuvre and position UID as an unavoidable solution for deep social problems and systemic challenges.

Q. 5. What is “Aadhaar”?
"Aadhaar" is another name for UID – a sort of "brand name” for the UID project. In Hindi, aadhaar means “foundation” – nothing less!

Q. 6. Does getting a UID number entail getting a card?
It’s a common misconception that getting a UID number means having a legit card with the number. This is not the case. According to some sources, all you get is a UID number on a sheet of paper with personal details. However, various government agencies may or may not, subsequently, issue smart cards using the UID data.8

Q. 7. Who is in charge of UIDAI?
On 2nd July 2009, the Government of India appointed Mr. Nandan Nilekani as Chairman of UIDAI, with the rank and status of a Cabinet Minister, for an initial tenure of five years. Further, the “Prime Minister's Council of UIDAI Authority of India”, set up on 30 July 2009, is to “advise the UIDAI on programme, methodology and implementation to ensure co- ordination between Ministries/Departments, stakeholders and partners”. The first meeting of the Council took place on 12 August 2009”

Q. 8. What is the timeline for this project?
The timeline for this project has changed a few times. Initially, the target was to start in August 2009. However, this was delayed. The first set of numbers were issued on 29 September 2010, when the UID project was officially flagged off by Prime Minister Manmohan Singh  and Congress President Sonia Gandhi in Tembhali village, in Maharashtra’s Nandurbar district. The programme plans to provide UID numbers to 600 million people (about half of India’s population) in the next four years.  

However, progress has been slow. By July 2011 (almost a full year after the project was launched), about 25 million people – 2 per cent of the population - had been enrolled under UID. Most of the enrolment happened in just three states: Andhra Pradesh, Maharashtra and Karnataka.9 Having said this, monthly enrolment figures are now growing rapidly.

Q. 9. What is the UID project expected to cost?
There does not seem to be much clarity on this crucial question. According to some reports, the cost of UID enrolment has risen from Rs 31 per person to somewhere between Rs 450 and Rs 500 per person. By this estimate, this entire exercise will end up costing close to Rs 1,50,000 crores. Late last year, at a public meeting, Mr. Nilekani stated that the per person enrolment cost is approximately Rs 100.11 “It costs the Unique Identification Authority of India (UIDAI) Rs.100 to generate each aadhaar number, which will help address the challenges of inclusion,” said Nilekani. Even this is an incomplete answer, because several other agencies are also incurring a cost to enrol each person. Because of the way the system of issuing numbers is set up (see below), there is no transparent way to calculate the cost of this project.  According to the Budget documents, Rs 100 crores was approved in 2009-2010 to fund the agency for its first year of existence. This shot up to Rs 1,900 crores in 2010-11. According to columnist Praful Bidwai, the Planning Commission is allocating Rs 35,000-45,000 crores over the next five years - to cover only half the population.

There are also reports that the fund allocation for the first phase is about Rs 3,000 crores. It is a bit worrying that the public can find out about the UID only in phases...

Q. 10. Is your UID number a proof of citizenship?
No. Since it is not restricted to Indian citizens, and is meant for all residents of India, the UID number is no proof of citizenship.

Q. 11. Is it compulsory to enrol under UID?
“Yes and no” seems to be the answer. The UIDAI claims that UID is a “voluntary facility” – no one is obliged to enrol. However, government agencies are free to make UID compulsory for their own purposes. For instance, nothing prevents the government from requiring NREGA workers to have a UID number in order to get paid. So life without a UID number may end up being quite miserable very soon. As one commentator pointed out, “This is like selling bottled water in a village after poisoning the well, and claiming that people are buying water voluntarily”.12

An important point to be noted is that UID’s assurance of casting out “ghost” beneficiaries in programmes like PDS or NREGA can work out only if there is compulsory enrolment, or else both systems of authentication (identity card and Aadhar-based) must coexist - in which case, people with multiple cards may prefer to stay out of the purview of UID.13

Q. 12. What if a person doesn’t have a UID number?
The UIDAI has been on a Memorandum of Understanding (MoU) signing spree with a range of agencies including banks, state governments and the Life Insurance Corporation of India (LIC) to be “Registrars”, who then may insist that their customers enrol on the UID to receive continued service.

Clause 3 of the draft NIAI Bill, mentioned earlier, declares that “every resident shall be entitled to obtain” a UID number, but nowhere in the Bill is there a clause saying that no agency may refuse services to a person because they do not have such a number. Thus the field is wide open for compulsion.

(A quick aside: Even in the United States, privacy law categorically states that the Federal, State or government agencies cannot deny benefits to individuals who do not possess or refuse to disclose their Social Security Number, unless specifically required by law.14)

B. The Enrolment Process

Q. 13. Who will issue the UID number?
The enrolment process is a multi-step process described below. The numbers will be issued through various agencies authorized by the UIDAI across the country, called “Registrars”. The Registrars, in turn, typically sub-contract the enrolment work to “enrolment agencies”.

Q. 14. Who is a “Registrar”?
According to the draft NIAI Bill, “Registrar” means any entity authorized or recognized by the Authority (i.e. UIDAI/NIAI) for the purpose of enrolling individuals under the Act. Potential Registrars include government departments or agencies, public sector undertakings, and other agencies that interact with residents in the regular course of implementing their programmes or activities. Registrars include government, public sector and private sector organizations.  For instance, Rural Development Departments (implementing NREGA), Civil Supplies Departments (implementing the PDS), insurance companies such as Life Insurance Corporation, and banks are some of the Registrars currently working on UID enrolment.15

So far, the UIDAI has mainly engaged with state governments, central ministries and public sector organizations. The UIDAI has entered into MoUs with state governments, who select the specific departments they would like to appoint as Registrars for the enrolment process.

A Registrar is required to ensure the security and accuracy of data (particularly biometric data) collected from residents. The Registrar must retain the “Proof of Identity/Proof of Address/Consent” for enrolment documents in proper custody for the time period defined in the guidelines issued by UIDAI. They will be held responsible for loss, unauthorized access or misuse of data in their custody. In case of enrolment-related disputes, the Registrar is required to cooperate with the Authority in resolving the matter and provide access to all necessary documents and evidence. As this biometric and demographic data will pass through many hands, the UIDAI will face no action if it fails to protect this sensitive data. If an individual parts with the necessary information, he/she will face penalties. What isn’t clear is how people will know if their data has been breached and privacy violated.

Q. 15. What kind of information does one have to provide to get a UID number?
UIDAI expects all Registrars to collect the following information at the enrolment stage:

Name
Date of birth
Gender
Father's/Husband's/ Guardian's name and UID number (optional for adult residents)
Mother's/ Wife's/ Guardian's name and UID number (optional for adult residents)
Introducer's name and UID number (in case of lack of documents)
Address
All ten fingerprints, digital photograph and both iris scans

In addition, Registrars may collect other information for their own purposes. For instance, if the Registrar is a bank, it could ask for your telephone number at the time of enrolment. 

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