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

Monday, April 16, 2018

13291 - Aadhaar hearing: Senior counsel calls surveillance possibilities as mere rhetoric, says fingerprint data is only relevant for palmistry - First Post


News-Analysis Asheeta Regidi Apr 13, 2018 17:44 PM IST

On Day 28 of the Aadhaar hearing, Additional Solicitor General Tushar Mehta concluded his arguments on the Aadhaar-PAN and the Aadhaar-Bank account linkages. The Bench also questioned the counsels extensively on the justification of these linkages, noting that the freezing of accounts thereby was a deprivation of the constitutional right to property.

Senior counsel Rakesh Dwivedi then commenced his arguments, arguing that the surveillance possibilities discussed by the petitioners were ridiculous and mere rhetoric. The purpose of Aadhaar, he argued, was authentication alone.

Aadhaar as a compulsory document for bank accounts
First, the Additional Solicitor General continued his arguments, that the amendments to the Prevention of Money Laundering (Maintenance of Records) Rules (PML), on Aadhaar-bank account linkage were for the benefit of the public. These rules, he stated were neither ultra vires the Aadhaar Act nor the RBI Rules.
The Bench, here, first observed that the challenge to the PMLA Rules was proportionality and on why there was a need to make Aadhaar compulsory when the RBI KYC Master Directions recognised six forms of Officially Valid Documents. To this, it was argued that the purpose was to prevent impersonation. Aadhaar, further, is one of the most robust IDs which cannot be faked, unlike others which are not based on biometrics.

On rendering bank accounts non-operational
The Bench, here, asked the Additional Solicitor General to specifically address Arvind Datar’s arguments for the petitioners, that the PMLA Rules are ultra vires the PML Act, and that no provision of the PMLA allowed validly opened bank accounts to be rendered non-operational. Further, the rationale behind linking with insurance as well as mutual funds was questioned.

To this, it was argued that the freezing of accounts in this manner was not permanent. The Bench, here, further observed that such freezing of accounts could amount to a violation of Article 300A of the Constitution, or the constitutional right to property. To this, it was argued that the freezing would only amount to a reasonable restriction on this right.

Is freezing of accounts a valid, penal consequence?
The Bench, further questioned if the penal consequence of freezing accounts was authorised by the PML Act. The Act, they said, only discussed the verification of bank accounts. To this, it was argued first that this was not a penalty but a mere consequence. Secondly, the rules were part of the Act.

The Bench, however, did not agree with this, observing that the prescription of penalties via rule-making powers had not been sanctioned by the Aadhaar Act. Further, freezing of accounts did amount to a penalty, since it amounted to a deprivation of property under Article 300A. The Bench further stated that their question was on whether the freezing of accounts was authorised under the law, or was it a case of judicial overreach.
Can penal consequences be prescribed via rule-making power
The Bench directed the Additional Solicitor General to show how rules may prescribe such drastic consequences when the Act did not allow it. The Additional Solicitor General cited judgments that rules once issued are effectively part of the Act. The Bench, however, observed that this cannot apply to rules made outside of rule-making power.
Senior counsel Rakesh Dwivedi, arguing for the State, intervened here, arguing that Aadhaar was a just a condition for opening and continuing a bank account, to meet the need to re-verify bank accounts. The Bench here, again questioned how a validly opened bank account could be frozen under the PMLA.
The Additional Solicitor General then summed up his arguments, discussing the threat from terror financing and also of cross-border offences. He argued that the purpose behind the PMLA Rules is threefold: zero tolerance to money laundering, curbing black money and reaching beneficiaries.

The Bench stated that the poor had an equal right to privacy. Reuters.
Petitioners are using rhetoric to rubbish Aadhaar
Senior counsel Rakesh Dwivedi then commenced his arguments for the State, arguing that he never felt that he was under surveillance while using Aadhaar, and further, that Aadhaar was voluntary. He argued that it was ridiculous to consider that the government would surveil people like a farmer and that the government had ample means of conducting surveillance if it needed to, without the need for Aadhaar. The petitioners, he argued, were using rhetoric to rubbish Aadhaar.
Technology as an enabler of mass surveillance
The Bench, here, observed that technology was a very powerful enabler of mass surveillance, with even elections being swayed using it. To this, it was argued that the technology in use by Facebook and Google could not be compared to that in use by the UIDAI. For instance, there were no learning algorithms in use by the UIDAI.
The Bench, to this, observed that the Aadhaar Act does not preclude the UIDAI from acquiring that kind of technology, to which Dwivedi responded that this would amount to an offence under Section 33 of the Aadhaar Act.
Authentication metadata reveals very little
Further, he argued that the only purpose behind Aadhaar was authentication, and there was no authorisation under the Aadhaar Act to analyse the data. The Bench questioned the collection of metadata, to which it was argued that the metadata collected was limited to that related to authentication, i.e., of the authentication request, the result, and the time of the authentication. The Bench, here, observed that even this data could reveal a lot about a person.
To this, it was argued that this was not possible unless such data is sought in collusion with the CBI, which is far-fetched. For a specific authentication, it was argued that the authentication request would reveal the place where the request arose from (such as Apollo Hospitals), but not specific location (such as which Apollo hospital).
The Bench here observed that the requesting entity itself may store data, and that surveillance need not be interpreted in the traditional sense only. The prevalence of commercial surveillance, and also the absence of a data protection law to protect the data was also pointed to.
Most people are not concerned with privacy
Dwivedi further argued that individual information is of no value. Further, most people were unconcerned about privacy. The Bench, here stated that the issue was not of whether 1.9 billion people are concerned with privacy. Regarding the information being available, he further argued that fingerprints were only of interest to palmists and for palmistry. To this, the Bench observed that the question was not of fingerprints per se, such as their use for a limited purpose. The issue, instead, was of storing them in a central database, followed by their use for authentication.
To this, it was argued that biometrics are encrypted, and the data is not shared with anyone. It was argued that it was understandable if the people had a problem with the implementation and enforcement of the Aadhaar Act, but there is no issue with the law itself and the technology.
Sharing of data under Aadhaar Act
A discussion then ensued on Section 29 of the Aadhaar Act, which permits the sharing of data. The Bench here observed that Section 29(3)(b) of the Aadhaar Act allowed the sharing of data with requesting entities to third parties. Further, Section 29 read with 57 allowed the information to be shared with third parties even under contracts.
To this, it was argued that this section should be read in context with Section 29(1), which completely bars the sharing of biometric data. The Bench, here, observed that the issue was not only about Section 7 or the UIDAI but goes far beyond that. Further, Section 29(3) uses the word ‘identity information’, which indicates that biometric data can also be transferred. To this, it was suggested that the Court read this provision down to prevent the sharing of biometric data.
The arguments will continue on 17 April.
Sources of arguments include live-tweeting of the case by SFLC.in, Prasanna S, and  Gautam Bhatia.
You can read out coverage of the Aadhaar Supreme Court case below.
The author is a lawyer and author specialising in technology laws. She is also a certified information privacy professional.


Updated Date: Apr 13, 2018 17:44 PM