AADHAAR RELATED ARTICLES: 10734 - Explained: What An Independent Regulator For Digital Payments Could Mean

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

Saturday, January 21, 2017

10734 - Explained: What An Independent Regulator For Digital Payments Could Mean - Swarajya

Explained: What An Independent Regulator For Digital Payments Could Mean

Srikanth Ramakrishnan - Dec 14, 2016, 8:58 pm

SNAPSHOT

An independent regulator can help reduce the burden on the already overburdened RBI and focus on matters concerning the digital economy.

A government panel, headed by Ratan Watal, has recommended that an independent regulator for payments be set up. The proposal also states that should such a body be formed, it should be within the framework and ambit of the Reserve Bank of India (RBI). Among the recommendations made, it has asked for continuous operation of older transaction methods such as NEFT and RTGS instead of it being available only during regular working hours, charges on cash transactions as well as waivers on digital payments, mandatory digital payments for government transactions, introducing a more prominent role for Aadhaar as a payment mechanism, and most importantly, making changes to the Payment and Settlements Act (PASA) to include consumer protection, as well as data security and protection.

With the Prime Minister reminding everyone that a phone is as good as a bank, the finance ministry offering incentives for digital payments, and the RBI publishing daily statistics on digital transactions, this is indeed a good idea.

As R Jagannathan of Swarajya said earlier, the provision for an independent regulator within the RBI is vital, because a stodgy regulator like the RBI is simply not geared for the fast-paced world of digital transactions. A new body will reduce the load on the RBI, while working independently to ensure smooth transactions.

The regulator’s role should ideally be to ensure that transactions do not dwindle. Once the incentives and waivers for digital payments ends next year, payment platforms and wallets may begin to charge higher amounts, which may result in the return of cash. The new body must ensure that this does not happen, while also looking at other parts of the Watal Committee’s recommendations.

For instance, the regulator will be able to suspend operations in the event of a data breach. If a wallet provider’s data is stolen, the regulator should be able to stop all transactions and suspend operations till things return to normalcy. At the same time, such a regulator can ensure that adequate safeguard measures are in place to ensure that such a breach does not occur, and monitor it regularly, something the RBI is already too overburdened to do. The regulator can further ensure that data is not stored with the service provider, but with them alone, and only an identifiable reference number of sorts is provided in the case of transactions.

The most important recommendation, is the inclusion of consumer protection in the PASA. Currently, there are no such measures for dispute resolution in case a transaction has gone awry. In the case of NEFT, RTGS, IMPS and UPI, it can be taken up with the bank, but for wallets, there is no mechanism in place. While certain players like Uber may have dispute resolution processes, these are outside the financial space.

As an independent body, it can also formulate policies based on transaction fees, pushing out newer cashless transaction methods, as well as keep a check on transactions that may be of interest to the Income Tax Department. It would need to work in tandem with the National Payments Corporation of India (NPCI) in rolling out more payment systems, as well as increase protection measures for services such as the National Unified USSD Platform (NUUP). It will also need coordination with the Unique ID Authority of India for better Aadhaar integration, offering fraud protection to Aadhaar users, ensure availability of Aadhaar-based systems and more.

Overall, the idea of a new regulator solely for a digital economy sounds good. It will reduce the burden on the RBI, and in turn both bodies can function better.