12826 - Governor bats for privacy, slams curbs on citizens’ freedom - TNN

Governor bats for privacy, slams curbs on citizens’ freedom

TNN | Updated: Jan 31, 2018, 10:36 IST

KOLKATA: Governor Keshari Nath Tripathi has resented infringement on privacy of citizens, echoing the views of petitioners challenging the central law and rules making Aadhaar linkage mandatory to a host of individual possessions such as bank accounts, phone numbers and PAN. 

While reading out the Governor's speech in the West Bengal Assembly Budget Session on Tuesday, the governor stopped short of mentioning Aadhaar as it is a subjudice matter, but said: "My government led by my dynamic chief minister strongly believes in individual freedom and strongly resents any infringement on individual freedom or any compromise with the sanctity of the privacy of citizens." The statement is in sync with chief minister Mamata Banerjee taking on the Narendra Modi government the other day when the CM went to the extent of saying that she would surrender her phone if the service provider insisted on Aadhaar linkage.

LATEST COMMENT

How much more stupid or comical can it get? When a man of Governor''s rank has to parrot the opinion of the state government!

shiladi123

Strange it may sound that the view came from Keshari Nath Tripathi, but the opposition didn't take it as Tripathi's personal view but as the government's stand. "It's true that the governor is the head of the state. But he has to read out the speech prepared by the state government. The governor can send back certain portions of the speech for review but can't change it," leader of the opposition Abdul Mannan said. Mannan recalled a case during the second United Front government in 1969. "Governor Dharma Vira had dissolved the first United Front government. But when the second United Front government came to office, the same governor had to condemn his own act while reading out the governor's speech because the government wanted so. Dharma Vira had suggested changes in few words in the speech but that didn't find favour with the government," Mannan said.

Going with the logic, Tripathi's clean chit to his government over maintaining peace and tranquillity in the state didn't seem at odds with the governor-CM spat over the Basirhat flare-up, six months ago in July 2017.

12825 - SC says Aadhaar-based profiling fears serious - Gadgets Now

SC says Aadhaar-based profiling fears serious

Amit Anand Choudhary | TNN | Jan 31, 2018, 09.48AM IST

New Delhi: The Supreme Court on Tuesday said apprehension of profiling of citizens on the basis of Aadhaar data is a serious issue that needs examination but the court also cannot neglect benefits to the common man by way of middlemen being eliminated and welfare schemes reaching beneficiaries. 

"Profiling is a serious issue and we have to engage our mind on that aspect. But equally important is the government has been able to provide benefits to communities under the scheme," it said. 

'Aadhaar allows doorstep delivery of services' 

Justice D Y Chandrachud, who is part of a five-judge Constitution bench, during the ongoing hearings related to pleas challenging the Aadhaar scheme, said, "It allows doorstep delivery of services and benefits to people." 

Praising Aadhaar for providing citizen-centric services and social benefits, the Supreme Court said it could not neglect the advantage of the scheme while deciding its constitutional validity. It, however, expressed concern over private entities being allowed to use the Aadhaar platform and misuse data for profiling individuals, an issue on which, it said, the Centre had to satisfy the court. 

As senior advocate Shyam Divan termed Aadhaar as an "architecture of digital dictatorship" under which the state will be able to keep track of movements of its citizens and maintain constant surveillance, the bench comprising Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan demurred, observing that linking it to mass surveillance was "like stretching too much". 

Divan responded that there was a genuine apprehension that Aadhaar data could be aggregated to profile individuals in what will be violative of the right to privacy. He said with the government and private entities making Aadhaar mandatory, profiling will be an easy task after collecting data pertaining to the use of the ID. 

"My point is not that it is tracking but the architecture can be misused in future for tracking and profiling of people. We are living in a democracy and profiling cannot be allowed. The state cannot be allowed to aggregate the data, which could be used to track people. It cannot be allowed even if it is for the purpose of providing them benefits like health and education," he said.

"There is nothing wrong in aggregation for limited purpose for providing subsidies, scholarships and benefits under MGNREGA. Will it not pass the test? But the larger aggregation of data could not be allowed. The government has told us the benefits of Aadhaar in weeding out fake beneficiaries of welfare schemes and it is not possible for the court to ignore it. How to maintain proportionality?" Justice Chandrachud asked. 

"If you have an iphone in your pocket, then your movements could be easily tracked. Your whereabouts could be also known if you use ATM card. We are all living in a highly networked world," the bench said. Justice Chandrachud also referred to the World Bank report appreciating the Aadhaar scheme Divan, however, said that constitutional validity of a scheme could not be judged by World Bank reports and told the bench to consider reports in local journals pointing out how governments had failed in providing relief to farmers who are dying.

The bench said, "This is the positive aspect of Aadhaar. At least we have a citizencentric delivery of services. There are some problems with Aadhaar and the government has to explain on it, including how can it be allowed to be used by private entities. We need to see which are the areas of concern and we will examine it," the bench said. 

12824 - On Gandhi’s death anniversary, Aadhaar petitioners quote his speech in Supreme Court - The Hindu

NATIONAL

On Gandhi’s death anniversary, Aadhaar petitioners quote his speech in Supreme Court

Legal Correspondent

NEW DELHI, JANUARY 31, 2018 00:22 IST

His public speech against the fingerprinting and profiling of Indians in South Africa was quoted by the petitioners.

On Martyrs’ Day, Mahatma Gandhi’s public speech against the fingerprinting and profiling of Indians in South Africa was quoted by the petitioners against the Aadhaar scheme as a case of profiling of free citizens by the state.

Arguing before a Constitution Bench, led by Chief Justice of India Dipak Misra, the petitioners quoted the Transvaal Ordinance which required Indians to be subjected to fingerprinting or face imprisonment or deportation.

Senior advocate Shyam Divan and advocate Vipin Nair submitted that they wanted to present a page from history about regressive laws which robbed citizens of their dignity and privacy while “branding them as criminals.” Mr. Divan then read out excerpts from Gandhi’s speech against the Transvaal Ordinance.

The speech had said the Ordinance gave authorities the right to demand a certificate issued under the law at “any point, any time from anyone”.

The certificate was mandatory for Indians to get any service or official work done by any government office. Mr. Divan submitted how Gandhiji found the extraction of fingerprints from free citizens derogatory.

He said a concerted move has been witnessed over the past years to make Aadhaar mandatory for accessing essential services.

Mr. Divan had earlier submitted how the cancellation of Aadhaar now would be tantamount to turning off the switch on a person.

12823 - Aadhaar [Day-5] State Cannot Have The Power To Aggregate Data And Destroy Privacy Rights, Shyam Divan Tells Constitution Bench BY: LIVELAW

Aadhaar [Day-5] State Cannot Have The Power To Aggregate Data And Destroy Privacy Rights, Shyam Divan Tells Constitution Bench BY: LIVELAW NEWS NETWORK JANUARY 30, 2018 9:17 PM ...

Read more at: http://www.livelaw.in/aadhaar-day-5-state-cannot-power-aggregate-data-destroy-privacy-rights-shyam-divan-tells-constitution-bench/

12822 - Neither UIDAI nor any other agency will be able to use Aadhaar to track or surveil, SC told Live Mint

Neither UIDAI nor any other agency will be able to use Aadhaar to track or surveil, SC told

Shyam Divan, lawyer for petitioners challenging Aadhaar, says whole point as Aadhaar stands today seems to be to store and integrate information for a 360-degree view, which is what UIDAI had specifically denied in its affidavit

Last Published: Wed, Jan 31 2018. 12 37 AM IST

Priyanka Mittal

A total of 31 petitions have been tagged by the Supreme Court to be heard by the Constitution bench.

New Delhi: Shyam Divan, lawyer for the petitioners challenging Aadhaar, highlighted a previous stand taken by its enrolment body, Unique Identification Authority of India (UIDAI), which had denied tracking people or using their personal data for state surveillance.

“Neither UIDAI nor any agency or department will be able to use Aadhaar to track or surveil. A user department of the government or agency will only have information pertaining to its own domain. There will be no 360-degree view of an individual,” Divan said, citing the affidavit by UIDAI.

The submissions were being made before a constitution bench comprising Chief Justice Dipak Misra and justices D.Y. Chandrachud, A.K. Sikri, A.M. Khanwilkar and Ashok Bhushan.

“The whole point as Aadhaar stands today seems to be to store and integrate information for a 360 degree view, which is what UIDAI had specifically denied on affidavit,” Divan added.

With regards to UIDAI storing and using information, justice Chandrachud observed that if the government was confining itself to social welfare benefits, and checking if people receiving benefits are alive or not, and not profiling political beliefs, can’t it have a legitimate concern in ensuring that the identity of beneficiaries is maintained?

Concern could not justify aggregation of personal data and the way it was being used, Divan responded.

A total of 31 petitions have been tagged by the Supreme Court to be heard by the Constitution bench. They challenge several aspects of Aadhaar, the 12-digit unique identity number that has become a bedrock of government welfare programmes, the tax administration network and online financial transactions, and the use/sharing of personal data collected by the UIDAI.

The case will be heard next on 1 February.

First Published: Wed, Jan 31 2018. 12 37 AM IST

12821 - Supreme Court judge, opponents raise pitch on Aadhaar By Samanwaya Rautray 0 REconomic Times

Supreme Court judge, opponents raise pitch on Aadhaar

By Samanwaya Rautray

NEW DELHI: A judge on the Supreme Court bench hearing arguments over the legality of Aadhaar cited reports in the 'Economist' magazine and by the World Bank praising the programme, and asked why should the court ignore concerns on social security leakages which the government says the biometric ID would help plug. 

Those opposing Aadhaar, that is used for identifying beneficiaries of welfare schemes, told the court that there were also reports in local journals about starvation deaths because entitlements were denied. 

The five-judge bench is hearing petitions that say Aadhaar violated the citizen's fundamental right to privacy. During hearing on Tuesday, Justice DY Chandrachud asked how the court could ignore the concerns of the government over leakages in welfare programmes. 

But Shyam Divan, the lead counsel for the petitioners, said: "Leakages were not sufficient to justify such aggregation of data on such a large scale." 

Divan said the Aadhaar structure must be dismantled as it set the stage for the state to carry out "profiling and potential targeting, leading to...loss of privacy". 

Read more at:

//economictimes.indiatimes.com/articleshow/62715924.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

12820 - Aadhaar-based profiling fears serious, Supreme Court says - TNN

Aadhaar-based profiling fears serious, Supreme Court says

Amit Anand Choudhary | TNN | Updated: Jan 31, 2018, 07:59 IST

HIGHLIGHTS

• The apex court expressed concern over private entities being allowed to use the Aadhaar platform.
• The court, however, praised Aadhaar for providing citizen-centric services and social benefits.
• It said it could not neglect the advantage of the scheme while deciding its constitutional validity.

NEW DELHI: The Supreme Court on Tuesday said apprehensions of profiling of citizens on the basis of Aadhaar data is a serious issue that needs examination but the court also cannot neglect benefits to the common man by way of middlemen being eliminated and welfare schemes reaching the beneficiaries. 

"Profiling is a very serious issue and we have to engage our mind on that aspect. But equally important is that the government has been able to provide benefits to communities under the scheme. It allows doorstep delivery of services and benefits to people," Justice D Y Chandrachud, who is part of a five-judge Constitution bench, said during the ongoing hearings related to pleas challenging the scheme. 

Praising Aadhaar for providing citizen-centric services and social benefits, the Supreme Court said it could not neglect the advantage of the scheme while deciding its constitutional validity. It, however, expressed concern over private entities being allowed to use the Aadhaar platform and misuse data for profiling individuals, an issue on which, it said, the Centre had to satisfy the court. 

As senior advocate Shyam Divan termed Aadhaar as an "architecture of digital dictatorship" under which the state will be able to keep track of movements of its citizens and maintain constant surveillance, the bench comprising Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan demurred, observing that linking it to mass surveillance was "like stretching too much". 

Divan responded that there was a genuine apprehension that Aadhaar data could be aggregated to profile individuals in what will be violative of the right to privacy. He said with the government and private entities making Aadhaar mandatory, profiling will be an easy task after collecting data pertaining to the use of the ID. 

"My point is not that it is tracking but the architecture can be misused in future for tracking and profiling of people. We are living in a democracy and profiling cannot be allowed. The state cannot be allowed to aggregate the data, which could be used to track people. It cannot be allowed even if it is for the purpose of providing them benefits like health and education," he said.

"There is nothing wrong in aggregation for limited purpose for providing subsidies, scholarships and benefits under MGNREGA. Will it not pass the test? But the larger aggregation of data could not be allowed. The government has told us the benefits of Aadhaar in weeding out fake beneficiaries of welfare schemes and it is not possible for the court to ignore it. How to maintain proportionality?" Justice Chandrachud asked.

"If you have an I-phone in your pocket, then your movements could be easily tracked. Your whereabouts could be also known if you use ATM card. We are all living in a highly networked world," the bench said. Justice Chandrachud also referred to the World Bank report appreciating the Aadhaar scheme

TOP COMMENT

you want to take the country forward with medieval thinking , it does not work, ours is not the only democracy, all the major developed countries are democracies and they have the unique id numbers ... Read More

Pradeep Sampat

Divan, however, said that constitutional validity of a scheme could not be judged by World Bank reports and articles published in foreign journals and told the bench to consider reports in local journals pointing out how governments had failed in providing relief to farmers who are dying.

The bench said, "This is the positive aspect of Aadhaar. At least we have a citizen-centric delivery of services. There are some problems with Aadhaar and the government has to explain on it, including how can it be allowed to be used by private entities. We need to see which are the areas of concern and we will examine it," the bench said. 

In Video: UIDAI to introduce face authentication for Aadhaar

My Comment : Not sure if this will be published by TNN but this is what I Posted. 

The Real Concern about misuse of Aadhaar database is not from outside UIDAI but often the very custodians become the perpepetrators of crime. What is the guarantee that UIDAI and its personnel will not sell information from the database for money either now or many years from now when under a different Government. You don't have to be an Einstein to extract information on all Rams and Rahims in a Database. Nandan Nilekani, RS Sharma and Ajay Bushan keep parroting the same things hiding behind the skirts of their favourite media. Not one of them has the courage to face and debate technologists in public since 2009.

Ram Krishnaswamy

Sydney Australia

12819 - UIDAI’s Ajay Bhushan Pandey | Aadhaar, the most trusted ID, empowers people - Live Mint

UIDAI’s Ajay Bhushan Pandey | Aadhaar, the most trusted ID, empowers people

UIDAI CEO Ajay Bhushan Pandey on Aadhaar, the revolution it has brought about, privacy issues and linkage, and how UIDAI is always open to suggestions to improve the Unique ID

Last Published: Wed, Jan 31 2018. 03 48 AM IST

Ajay Bhushan Pandey

Ajay Bhushan Pandey, chief executive officer of Unique Identification Authority of India, the Aadhaar issuing body. Photo: Pradeep Gaur/Mint

Today, Aadhaar is the most trusted ID and widely held unique identification system in India which has the facility of authentication online and offline anytime, anywhere. Aadhaar has empowered 1.19 billion Indians with a credible identity.

Nowadays, the fact is that Aadhaar inspires more confidence and trust between person-to-person and person-to-system than any other identity document in India. Almost every sixth person in the world holds an Aadhaar card.

Aadhaar—the 12 digit unique identification number—has tremendous potential to bring revolutionary transformation as it empowers people in myriad ways so that a sense of enhanced security and trust prevails in the life of people at large.

And all this is possible because of Aadhaar, its technology, its platform, its authentication infrastructure and its use as the verifiable identity. Aadhaar has enabled one-sixth population on this planet to prove irrepudiably that s/he is the one whom s/he claims to be and has brought in digital revolution in the life of every Indian. 

True to its transformational potentials of cleansing the system of fakes, ghost and duplicates, Aadhaar has turned into a game changer in favour of poor. It has not only been able to create secure and safe environs where people can trust a person with his verifiable ID but has also been an instrument to curb black money, money-laundering, check on benami dealing and banking frauds, improved tax compliance, enhanced transparency in the system, hassle-free deliveries of service, ease of life and business, etc. 

However, Aadhaar is often under attack from various quarters mainly on the misconceived grounds of surveillance or Orwellian design that may significantly alter the relationship between the state and the citizen, ill perceived data “breach” or leakages, so-called exclusions and denials, privacy invasion, etc. Let me dispel with due respect to the critics, some of the misperceptions.

At the onset, it is pertinent to know Social Security Number (SSN) story as to how one of the developed democracies United States of America introduced unique identification numbers to cleanse their system through an enactment in 1935 for a limited purpose of providing social security benefits during the Great Depression. Later, in 1942, it expanded the scope through an executive order which mandated all federal agencies to exclusively use SSN in their programs. In 1962, SSN was adopted as official Tax Identification Number (TIN) for income tax purposes. Further in 1976, Social Security Act was further amended to say that any State may, in the administration of any tax, general public assistance, driver’s license, or motor vehicle registration law utilize SSN for the purpose of establishing the identification of individuals and may require any individual to furnish SSN. 

The mandatory use of SSN by the state did not go unchallenged in US courts which eventually held mandatory use of SSN to be constitutional. It was held by the Federal Court in Doyle vs. Wilson Case that “mandatory disclosure of one’s social security number does not so threaten the sanctity of individual privacy as to require constitutional protection.” In other cases, courts held that “requiring an SSN on a driver’s license application is not unconstitutional, nor is a requirement that welfare recipients furnish their SSNs” and “preventing fraud in federal welfare programs is an important goal, and the SSN requirement is a reasonable means of promoting that goal”. 

In United Kingdom, too, almost every important service requires National Insurance Number (NIN). It is required from those who want to work, open bank accounts, pay taxes, want to receive child benefits, and even those who want to vote.

Arguing that neither SSN nor NIN is based on biometrics, critics object to collection of biometrics and the system of central number which can potentially link all the databases. They must understand, one, that the collection of biometrics by the state per se for a legitimate purpose is an established and incontestable practice sanctioned by law in India. One is statutorily required to give biometrics, if one wants a driver licence, sell or buy properties, or obtain a passport.

Two, that creating a system of central number in a central database by the state and widespread mandatory usage of such number and its linking in most citizen databases, be it SSN in the US or NIN in the UK that potentially enables the state to trace every person, has neither rendered their citizens vulnerable nor have made these countries surveillance states. Obviously, there are safeguards which prevent such things happening there. 

Similarly in India, Aadhaar seeks to cleanse and upgrade systems to provide transparent and accountable governance with ease of business and life and accords the highest significance to the privacy of people.

No doubt, Aadhaar has enhanced government’s ability to directly connect, reach, and serve people which unfortunately are projected as increase in the state’s power and Aadhaar being perceived as an instrument of state surveillance. But Aadhaar Act and Regulations have strong safeguards which will prevent it from being used as an “electronic leash” or an “instrument of state surveillance”. 

Please remember that Aadhaar is based on three core principles of minimal information, optimal ignorance and federated database, and therefore in its whole lifecycle, an Aadhaar database contains only that much information that you give to it at the time of enrolment or updation. It has your name, address, gender, date of birth/age and photograph and core biometrics (10 fingerprints and 2 iris scans). It also has your mobile and email, if you give. Also, the core biometrics is highly encrypted at the time of enrolment/updation and is never kept unencrypted and is never shared.

When people use Aadhaar for accessing various services, their information remains in silos of federated databases so that each agency remains optimally ignorant. The Unique Identification Authority of India’s (UIDAI) recent measures on Virtual ID, UID Token, and Limited E-KYC will further strengthen privacy.

Aadhaar does not collect or receive any information from any services provider or linking exercise be it your bank account or SIM or mutual fund or debit/credit card or shares or PAN, or your personal profile like your family, caste, religion, education, occupation, financial or property details, health records, etc.

And so far as UIDAI is concerned, it responds to such verification requests by replying either “Yes” or “No”. In few cases if required and the reply is “Yes”, UIDAI sends only your basic KYC details (name, address, photo, etc.) available with it. Thus, Aadhaar empowers people and not the state. Allegations of India becoming a surveillance or “Orwellian” state, with people’s right to dissent stifled are hence totally unfounded.

Furthermore, Aadhaar is legally backed by Aadhaar Act, 2016 which has strict provisions for privacy protection, data security and sharing, and also, stringent penalties for violation including three years imprisonment.

The Act covers the basic tenets of privacy protection measures relating to informed consent, collection limitation, and use and purpose limitation and sharing restrictions. More so, UIDAI—the Aadhaar issuing body—has zero tolerance policy against any violation of Aadhaar Act 2016. 

UIDAI remains open to constructive suggestions and will continue to continuously review and strengthen its system for the empowerment of people.

Dr Ajay Bhushan Pandey is the chief executive officer of the Unique Identification Authority of India. 

First Published: Wed, Jan 31 2018. 02 23 AM IST

12818 - Aadhaar Articles Dated 31st January 2018

	UIDAI's Ajay Bhushan Pandey | Aadhaar, the most trusted ID, empowers people Livemint And all this is possible because of Aadhaar, its technology, its platform, its authentication infrastructure and its use as the verifiable identity. Aadhaar has enabled one-sixth population on this planet to prove irrepudiably that s/he is the one whom s/he claims to be and has brought in digital revolution in ...
	Aadhaar-based profiling fears serious, Supreme Court says Times of India NEW DELHI: The Supreme Court on Tuesday said apprehensions of profiling of citizens on the basis of Aadhaar data is a serious issue that needs examination but the court also cannot neglect benefits to the common man by way of middlemen being eliminated and welfare schemes reaching the ... Supreme Court judge, opponents raise pitch on Aadhaar - Economic Times Neither UIDAI nor any other agency will be able to use Aadhaar to track or surveil, SC told - Livemint Aadhaar [Day-5] State Cannot Have The Power To Aggregate Data And Destroy Privacy Rights ... - Live Law On Gandhi's death anniversary, Aadhaar petitioners quote his speech in Supreme Court The Hindu On Martyrs' Day, Mahatma Gandhi's public speech against the fingerprinting and profiling of Indians in South Africa was quoted by the petitioners against the Aadhaar scheme as a case of profiling of free citizens by the state. Arguing before a Constitution Bench, led by Chief Justice of India Dipak Misra, ... SC says Aadhaar-based profiling fears serious Gadgets Now New Delhi: The Supreme Court on Tuesday said apprehension of profiling of citizens on the basis of Aadhaar data is a serious issue that needs examination but the court also cannot neglect benefits to the common man by way of middlemen being eliminated and welfare schemes reaching beneficiaries. Aadhaar has the potential to transform financial services: IAMAI The Siasat Daily With the deep penetration on mobile based internet connectivity, Aadhaar-based e-KYC and e-Sign will allow financial service providers help hundreds of millions of Indians to instantly open savings accounts, and give them access to various other financial services like investment, insurance, formal ... Didn't block LPG connections for Aadhaar: Indian Oil The New Indian Express The block happened because of a lack of KYC details and not because the customers had not submitted Aadhaar card numbers, a statement from IOC said. Assuring that customers would not face any problems with cylinder refills, the company said LPG connections of these customers were blocked ... MP: Pregnant woman without Aadhaar denied help at hospital in Jaunpur Free Press Journal MP: Pregnant woman without Aadhaar denied help at hospital in Jaunpur ... Jaunpur: A pregnant woman in Madhaya Pradesh's Jaunpur district was force to deliver a baby at the gate of a medical center after being allegedly turned away by doctor because she had no bank account or Aadhaar card. Woman delivers baby at hospital's gate in Uttar Pradesh; reason will startle you - Financial Express Woman gives birth to baby at hospital gate in UP's Jaunpur district - Times of India No Aadhaar, no hospital: UP woman gives birth outside health centre Daily News & Analysis In a shocking incident, a pregnant woman was denied admission in a community health centre (CHC) when she failed to produce her Aadhaar card or ration card. Unable to bear the labour pain, she gave birth to a child on the CHC gate. Soon after, for fear of facing action, senior doctors intervened and ... Uttar Pradesh: Woman delivers baby outside hospital after doctor turned her away for not having ... - The New Indian Express How to check Aadhaar-bank account linking status online International Business Times, India Edition Aadhaar functions as a Know your Customer (KYC) document to open bank accounts. The benefits of seeding the Aadhaar number with the bank account includes the direct credit of subsidies from the government that includes LPG, kerosene, the direct credit of welfare funds, pensions, scholarship, ... Budget 2018: Here are a few measures Jaitley can take to make Digital India successful Firstpost Lastly, to help create an Aadhaar-based digital payment infrastructure at each shop, it should be made mandatory for any office, shop selling goods or services, to have an Aadhaar device to accept payments through AEPS. Aadhaar merchant payment should have a concept of reverse MDR, where the ... How Arun Jaitley's budget can help ordinary Indian taxpayers save more Quartz On the other are ordinary taxpayers who weathered numerous changes—demonetisation, the goods and services tax (GST), and Aadhaar-linking—and are now waiting to reap the benefits. In his last budget speech, Jaitley had gone to the extent of voicing his concerns that, under the present system, ... Verification Certificate Not Required for Tatkal Passports Now Little India “With this new norm in effect, the documents an applicant would need for applying in the tatkal category are an Aadhaar card, Pan card and election card,” he added. The list of documents required for a Tatkal passport for an adult who is in the non-ECR category are proof of address like water bill, ... The big news: MEA withdraws plan to issue orange passports, and nine other top stories Scroll.in Aadhaar helps citizen-centric delivery of services, but data can be misused, says Supreme Court: The five-judge Constitution bench said through the programme the government has been able to provide benefits to communities under welfare schemes. Veteran BJP leader Yashwant Sinha launches ... Budget 2018 Likely to do Away With Tedious Paperwork in Filing Income Tax News18 This is one of the reasons why the government has made provisions to link the Aadhaar with banks accounts, insurance policies and other investments. Linking PAN with Aadhaar is also a step towards helping the public on this, the official told Deccan Herald. He, however, added that a final decision will ... News from across Meghalaya The Shillong Times SHILLONG: The Meghalaya People's United Front East Jaintia Hills districts (MPUF-EJHD) complained to the Deputy Commissioner, East Jaintia Hills, on receiving complaints that banks are harassing people for Aadhaar number. In a statement issued here, the DC told the organisation that banks or ... Governor bats for privacy, slams curbs on citizens' freedom Times of India While reading out the Governor's speech in the West Bengal Assembly Budget Session on Tuesday, the governor stopped short of mentioning Aadhaar as it is a subjudice matter, but said: "My government led by my dynamic chief minister strongly believes in individual freedom and strongly resents any ... Indian Lawyers and the State The Practice As the Aadhaar example underlies, there is space for lawyers to fill in the policymaking process. This article focuses on some of the emerging new roles of lawyers in Indian policymaking and, in particular, those within law firms and in-house legal departments. While corporate lawyers do not make up a ... HC acid attack victim Times of India Indore: District administration has told Indore bench of high court that the acid attack victim from the city could not be given compensation amount because of the difference in his names in hospital record and Aadhaar card. The clarification was given on Monday, in reply to court's previous order directing ... Budget 2018: Time to push for alternative lending, paperless procedures, e-KYC in fintech landscape Firstpost India is likely to experience an accelerated growth spurt in the fintech space considering the strong, proactive policy level support from the government which has provided a much-needed boost to user adoption. Initiatives such as Jan Dhan Yojana, Aadhaar and the emergence of UPI will provide a good ... Budget 2018: What lies ahead for the Indian fintech industry under 'Digital India' programme? - Financial Express Maharashtra's telecom infrastructure policy to support digital ventures Business Line The Maharashtra government has brought out a new telecom infrastructure policy, which will support its digital ventures. The policy will help in creating and maintaining the telecom infrastructure for its citizen-centric digital initiatives. The State Cabinet gave its clearance on Tuesday. A press statement ... Bleak picture; Fair demand The Telegraph These people do not have bank accounts or Aadhaar cards. They cannot avail themselves of the Pradhan Mantri Awas Yojana either. In India, nearly 78 million people fall under this category. All governments talk about inclusive development, but they have clearly failed to help this section of society.

12817 - Foreign nationals residing in India may enrol for Aadhaar - Live Mint

Foreign nationals residing in India may enrol for Aadhaar

While Aadhaar is primarily for resident Indians, foreign nationals—under certain conditions—may enrol for it and get an Aadhaar number

Last Published: Mon, Jan 29 2018. 06 00 PM IST

Archit Gupta

My mother is a British citizen, who was resident of India since the mid-1970s. Since February 2015 she has been staying in the UK. We earn rental income in India and she holds an NRO account here. Taxes are assessed in her name as all the assets were earned by her and my father.

My mother had a residential visa. Recently, her application to upgrade from Person of Indian Origin (PIO) to Overseas Citizen of India (OCI) was declined.

1. What is her residential status? On the tax return, it shows ‘resident’. Based on her residential status, is she eligible for an Aadhaar number? Can she be treated as an NRI?

2. Can my mother continue to hold bank fixed deposits in India or should they be transferred to an NRO/NRE account? How will she pay taxes from abroad, or can the bank do it? There is also a savings account in her name to which I am a nominee. I operate this account. Should I close this account?

3. Do we have to pay tax in the UK (or the US) for notional interest on NRE fixed deposits that have not yet matured? I know we have to pay tax on those that have matured.

4. Can rental income be collected every month from the UK, if it is deposited in an NRO account in India? Does this income require filing of income tax returns? Can I collect the rental cheques in my mother’s name or should I get them in my name?

5. Next year, we plan to transfer all fixed deposits to the UK. Which is the best way to do it? Should we do it through State Bank of India-UK, as our accounts here are in SBI?

—Archna Agrawal

An individual is considered resident in India, if:

—she has stayed in India for 182 days or more during the financial year, or 

—she has stayed in India for 60 days or more during the financial year and stayed for 365 days or more in the 4 years immediately preceding the said financial year.

As your mother has been out of India since February 2015, she does not meet any of the two conditions listed above. Therefore, she will be a  non-resident Indian (NRI) for income tax purposes.

As per the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, every ‘resident’ is entitled to get an Aadhaar number by submitting demographic and biometric details. A resident for this purpose is an individual who has resided in India for a total of 182 days or more in the 12 months immediately preceding the date of application for enrolment in Aadhaar.

For now, Aadhaar is not mandatory for your mother, but if she visits India and plans to remain here, she can enrol for it. She can do so by visiting an enrolment centre and submitting requisite proofs and documents. Regardless of Aadhaar, as long as she qualifies as an NRI, she can continue to file income tax returns as an NRI. Note that NRIs are exempt from obtaining Aadhaar for filing income tax returns. The Foreign Exchange Management Act (Fema) requires that as soon as you become a non-resident, you must inform your bank and request to convert all your resident bank accounts to non-resident accounts. Tax payments can be made from a non-resident ordinary (NRO) account. Since you are also a non-resident, you must convert the said savings accounts to NRO accounts.

When you are a citizen of another country or resident there, for income-tax purposes you may have to include your foreign income—in this case, income earned in India—in tax returns of that country. Usually, interest is taxed on due basis and you must include the interest earned (but not paid) by you in your tax returns in compliance with local laws.

Your tenants can deposit the rent in your NRO account. You are allowed to repatriate up to $1 million in a financial year from your NRO account.

Any income earned from a property in India must be offered to tax in India. Tax is also deducted at source (TDS) on rent paid to NRIs. You must report this income while filing your tax return in India. Cheques must be in the name of the property’s owner and will be taxable in the hands of the owner of the property.

Funds from a non-resident account can be remitted to any account outside India by complying with RBI regulations, which require a declaration from you and a certificate from a chartered accountant.

My son and I live in Singapore and we have an NRE account in India. I will be returning permanently to India this summer. I have a fixed deposit and I believe the interest will be taxable if I become a resident in India. Should I transfer this to my son’s account? What is a smart thing to do, in terms of tax?

—Raman Malik

As soon as you return permanently, you have to tell your bank to re-designate your NRE account to resident savings account. You can transfer the money to your son’s account as a gift. This has no tax implication for you or for him.

Archit Gupta is founder and chief executive officer of ClearTax. Queries and views at mintmoney@livemint.com

First Published: Mon, Jan 29 2018. 06 00 PM IST

12816 - Turned Away For Not Having Aadhaar, Woman Delivers At Gate - Outlook India

Turned Away For Not Having Aadhaar, Woman Delivers At Gate Of UP Medical Center

Chanda, a resident of Rae Bareilly, went to the governmentmedical center in Shahganj on Monday morning with her husband Ajay

OUTLOOK WEB BUREAU

COURTESY: TWITTER/ANI UP

A woman in labor delivered baby at the gate of a medical center in Uttar Pradesh's Jaunpur after the hospital allegedly turned her away for not having an Aadhaar card or a bank account.

According to a Amar Ujala report, 24-year-old Chanda, a resident of Rae Bareilly, went to the governmentmedical center in Shahganj on Monday morning with her husband Ajay.

"The staff sent us back saying they won't admit her. She asked for some documents which we didn't have so she sent us back. As soon as we moved out she gave birth at the hospital," Ajay was quoted as saying by news agency ANI.

A report in Prabhat Khabar said the female medical officer on duty Shobhna Dubey had demanded bank account or Aadhar card of the patient to be admitted. The doctor did not admit her to the hospital despite the family’s requests, and she allegedly even rebuked them.

The Supreme Court is still hearing the cases surrounding Aadhaar. “The Centre had told the court that no coercive action would be taken against those who do not have the Aadhaar card but are willing to enrol for. The attorney General representing the centre had told court that such people would not be denied the benefits of social welfare schemes till 31 March,” reported PTI.

After the woman collapsed and delivered at the hospital's doorsteps, irate people gathered and forced the doctors to admit the woman. Doctor Dubey and child care specialist MK Gupta treated the mother and child, added the newspaper report.

Medical superintendent of the hospital, DS Yadav, said an investigation was underway and strict action would be taken against the authorities who were responsible.

12815 - Apple iPhone users, Aadhaar agency UIDAI has a message for you - Gadgets Now

Apple iPhone users, Aadhaar agency UIDAI has a message for you

Robin Sinha | Gadgets Now | Updated: Jan 30, 2018, 11.30AM IST

NEW DELHI: Around six months ago we saw UIDAI or Unique Identification Authority of India launching its first ever 'mAadhaar' app in a bid to push the country more towards digitisation. When the app was launched in July last year, it was said to be available only for Android users. They could download the app via Google Play Store. But it looks like the 'mAadhaar' app for iOS users is not far away. 

UIDAI CEO Ajay Bhushan Pandey over the weekend announced that they are already working on the iOS version of the mAadhaar app. In a short video Pandey added that the app will be launching in near future. However, he failed to provide a specific launch date of the app. 

The short video came as a reply to one of the queries by a user. In other videos, Pandey replied to several users on the recent data breach and maintained that the Aadhaar app is safe.

Although it is not for sure when the mAadhaar will arrive for iPhone and iPad devices, one can assume it to carry the same features as the Android version. The purpose of the app is to let people carry their Aadhaar identity while on the. At the time of the launch, UIDAI said it also let them block their biometric data anytime, anywhere. Besides this, the app let users share their eKYC information with any service provider, anywhere. 

On Android, mAadhaar app works on v5.0 Lollipop and above. On installing the app, users would require to register their mobile number with Aadhaar. The mAadhaar app allows users to lock or unlock their biometric data. Once an Aadhaar card user turns on the biometric locking system, his/her biometric data stays inaccessible till the user unlocks it or disables the locking system. For security reasons, the smartphone should have the SIM of the registered mobile number for mAadhaar app to work.

Over the weekend, Oxford Dictionary chose 'Aadhaar' as the Hindi word of 2017. 

12814 - UIDAI reiterates its stand on Aadhaar in Twitter Q&A; claims it is purely an identification tool - First Post

UIDAI reiterates its stand on Aadhaar in Twitter Q&A; claims it is purely an identification tool

News-Analysis PTI Jan 29, 2018 07:02 AM IST

The UIDAI today sought to allay fears over data protection and privacy issues around the 12 digit biometric identifier, asserting that Aadhaar is an identification not a profiling tool.

It also stressed that Aadhaar data is governed by strong laws.

Representational image. News18

Fielding questions on Twitter in a live chat, Unique Identification Authority of India (UIDAI) CEO Ajay Bhushan Pandey said that Aadhaar is based on minimum information and biometrics which is "least intrusive".

To a specific query on whether UIDAI will go for DNA profiling in future, Pandey said that there were no such plans.

"We take fingerprint, IrisBSE 1.80 % and photo...We have no plans to take something like DNA... photo, fingerprint and Iris is good enough for de-duplication, generating Aadhaar and to authenticate any person," he said.

The UIDAI chief dismissed concerns that linking of various information with Aadhaar could lead to government monitoring, surveillance or possible misuse.

Aadhaar

✔

@UIDAI

.@AimlessAvian Please note that Aadhaar is an identifier. It is not a profiling tool. #AskAadhaar

11:42 PM - Jan 28, 2018

• 16 16 Replies
  21 21 Retweets
  51 51 likes

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"When you give Aadhaar number in bank... UIDAI doesn't know about your bank account. Bank gives us your Aadhaar number and fingerprint and UIDAI is a matching service. It says a yes or no, or we send a limited eKYC," he explained. The government does not get any information about the resident from the system, he said. UIDAI further tweeted, "Aadhaar is an identifier not a profiling tool". During the question and answer session that lasted for over 1.5 hours, Pandey took over 20 queries that ranged from privacy concerns around Aadhaar to benefits of the biometric identifier for residents, and from linking of Aadhaar to mobile SIMs (subscriber identity module) to moving the enrolment centres to government offices and banks.

Aadhaar

✔

@UIDAI

.@VishnuSaysWhat No. There is no such provision. Aadhaar Act prohibits sharing of Aadhaar data without consent of a person. #AskAadhaar

11:36 PM - Jan 28, 2018

• 27 27 Replies
  41 41 Retweets
  161 161 likes

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To another question, he said bank accounts are "property of citizens" and their linkage with Aadhaar number should not raise fears that government will one day freeze such accounts.

Maintaining that introduction of Virtual ID and limited eKYC had nothing to do with data leak stories pertaining to Aadhaar, Pandey said they were conceptualised for strengthening the privacy system.

Aadhaar

✔

@UIDAI

.@soumyarbal  Virtual ID and limited eKYC were not developed overnight. This has nothing to do with the Tribune case. #AskAadhaar

12:48 AM - Jan 29, 2018

• 4 4 Replies
  18 18 Retweets
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The UIDAI recently announced a new concept of "Virtual ID' which Aadhaar-card holder can generate from its website and give for various purposes, including SIM verification, instead of sharing the actual 12-digit biometric ID. The Virtual ID, a random 16-digit number, will give the users the option of not sharing their Aadhaar number at the time of authentication. During the live chat today, Pandey said that since some people feared that information residing in multiple places could be linked despite it being prohibited under Aadhaar Act, the latest feature will give people the choice to mask their Aadhaar number. "It has nothing to do with data leak story. I have said that in the last seven years, there has been no data leak from UIDAI," he said.

Aadhaar

✔

@UIDAI

.@soumyarbal  Virtual ID and limited eKYC were not developed overnight. This has nothing to do with the Tribune case. #AskAadhaar

12:48 AM - Jan 29, 2018

• 4 4 Replies
  18 18 Retweets
  41 41 likes

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Pandey said that Aadhaar was protected by strong laws, and that Aadhaar Act is "based on the premise that privacy is a fundamental right".

Citing the various Sections of Aadhaar Act he said that biometric data given to UIDAI cannot be shared without an individual's permission, and that doing so is punishable. "No one can aggregate data and do profiling," he pointed out.

12813 - Demographic authentication log removed from Aadhaar authentication history - Medianma

Demographic authentication log removed from Aadhaar authentication history

By Vidyut ( @Vidyut vidyut@medianama.com )    January 29, 2018   

The UIDAI appears to have removed the option to see demographic authentication log in the authentication log history facility where Aadhaar number holders can check where their number has been authenticated and whether the authentication was successful.

This is significant, because the previous logs contained notifications of demographic authentications and several people had posted on social media about unknown demographic authentications being shown in their logs just before this change was implemented.

DataVyuh

@DataVyuh

Hey @UIDAI , did you just remove 'Demographic Authentication Log' from the 'Aadhar Authentication History'?!  Why?! #Aadhaar

6:06 PM - Jan 24, 2018

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According to the UIDAI website, demographic authentications are described as:

Demographic authentication: The Aadhaar number and demographic information of the Aadhaar number holder obtained from the Aadhaar number holder is matched with the demographic information of the Aadhaar number holder in the CIDR.

An obvious security flaw in this is that a photocopy of any Aadhaar card can be used to authenticate as the holder of the Aadhaar number, as demographic authentication merely matches the data on the card against the data in the CIDR record. The authentication history log was evidence of the demographic data being done and in the event of unrecognized or unauthorized authentications, the Aadhaar holder could raise a complaint with the UIDAI. Now, with the information on the demographic authentications concealed, the Aadhaar holders have no way of knowing if their demographic information has been misused to impersonate them.

Where previously, the facility offered logs of the following kinds of authentication: All, Demographic, Biometric, OTP, Demographic & Biometric, Biometric & OTP and Demographic &OTP, all logs showing demographic authentications are no longer offered. The logs that can be now viewed include only Biometric, OTP and Biometric & OTP.

How big is this difference? Here is an example of the logs of an Aadhaar card before the demographic authentication log was removed and after.

Sample authentication log with demographic authentication information included

Sample authentication log with demographic authentication information removed

It is easy to see how much data is concealed by this change.

This may be related to changes going on with the UIDAI’s authentication methods. Earlier, the UIDAI used to allow partial matching of demographic data. However, a circular dated November 27, 2017 by the UIDAI (File No K-11022 / 631 / 2017-UIDAI(Auth-II) (Archived) announced the end of partial matching of demographic data to “remove any chances of wrongful identity verification using demographic authentication” W.E.F December 1, 2017.

Unanswered Questions

On January 24, 2018, MediaNama had emailed UIDAI the following questions

1. What methods of authentications were logged as demographic authentications?
2. Are these authentications done with the informed consent of the Aadhaar holder?
3. Are the Aadhaar holders notified about full/partial match authentications of their Aadhaar number?
4. What was the reason for removing the information of demographic authentications from the logs available to Aadhaar number holders?
5. Is this related to your circular dated 27th November 2017 disallowing partial match demographic authentications and allowing only exact match demographic authentications after 1st December 2017?
6. What is the percentage of demographic authentications among the total authentications logged overall?

We have not yet received a reply, and will update this post if we receive one.

Home » Aadhaar, Identity, Policy, UIDAI

12812 - Aadhaar can transform financial services industry, needs to address security concerns: IAMAI - Money Copntrol

Jan 29, 2018 03:57 PM IST | Source: Moneycontrol.com

Aadhaar can transform financial services industry, needs to address security concerns: IAMAI

The IAMAI is an industry association that counts companies such as Google, Facebook, Microsoft and a host of other Internet- based Indian and foreign companies

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@moneycontrolcom

Aadhaar has the potential to transform the financial services industry including banking, insurance, lending, payments, led by services such as e-know your customer and e-Sign, said the Internet and Mobile Association of India, but added that the scheme needs to address the possible misuse of Aadhaar data.

“Conventional paper-based KYC or authentication is a resource intensive process; in terms of time, manpower and operational expenses. For start-ups looking to provide pan-India services, such a compliance burden can be cumbersome and a bottleneck. Estimates suggest that in a paperless platform, financial institutions can reduce costs by 2-3% in banking products and 20-30 percent in insurance products,” said the industry association in a statement on Monday.

The IAMAI is an industry association that counts companies such as Google, Facebook, Microsoft and a host of other Internet-based Indian and foreign companies.

With Aadhaar-based e-KYC and e-Sign, financial service providers will be able to help millions of Indians instantly open savings accounts and give them access to various other financial services like investment, insurance, formal credit, etc, IAMAI said.

“The association is of the view that the biggest impediment to 10X growth of the industry is paper-based verification and authentication process. The association would like to highlight that even a powerful regulator like RBI has shown its lack of confidence on 100 percent e-KYC by mandating paper-based KYC a year after OTP based e-KYC,” said IAMAI.

However, IAMAI also acknowledged the perceived security threats around Aadhaar and the potential misuse of the Aadhaar data.

“IAMAI urges UIDAI (Unique Identification Authority of India) to initiate multi-stakeholder consultation involving the entire digital ecosystem as soon as possible to discuss the issues pertaining to Aadhaar. The association expresses optimism over a collective approach that can help iron out the creases in the near future,” said IAMAI.

Aadhaar, India’s proof of identity project, has been embroiled in controversies ever since its inception. Over the past few months, reports of misuse and unauthorised use of Aadhaar data have surfaced. These claims have been denied by the UIDAI, the agency that administers Aadhaar.

The Supreme Court is also hearing a batch of petitions, some dating back to 2012, that claim that the Aadhaar project scheme violates an individual's fundamental right to privacy.

TAGS #Aadhaar #India #Technology