1. Arun Jaitley in US: Supreme Court’s judgement on privacy protects Aadhar, says Finance Minister

Arun Jaitley in US: Supreme Court’s judgement on privacy protects Aadhar, says Finance Minister

The recent Supreme Court order on the right to privacy lays down the correct exemptions which protects Aadhar, Finance Minister Arun Jaitley has said.

By: | Washington | Updated: October 11, 2017 1:15 PM
Arun Jaitley in US, Supreme Court, Aadhar, Columbia University, imf, Aadhar law, Finance Minister,world bank In its judgement in August, a nine-judge bench decreed that that right to privacy is part of the fundamental rights to life and liberty enshrined in the Constitution. (IE)

The recent Supreme Court order on the right to privacy lays down the correct exemptions which protects Aadhar, Finance Minister Arun Jaitley has said. Jaitley, who is in the US to attend the annual meetings of the IMF and the World Bank, was responding to a question at the prestigious Columbia University on how the government is planning to handle Aadhar after the recent Supreme Court decision on the right to privacy. In its judgement in August, a nine-judge bench decreed that that right to privacy is part of the fundamental rights to life and liberty enshrined in the Constitution.

The judgement has been interpreted by many as a setback to the Aadhar card, under which the government collects vital personal information of the citizens. “I do believe that the Supreme Court judgement on the privacy matter in accordance with the current timing is a correct judgement. It lays down the correct exceptions which protects Aadhar,” Jaitley told students. “Article 21 reads that no person can be deprived of his right to life and liberty without procedures established by the law. That procedure has to be fair and just,” he said.

Jaitley said that some of the judges also went into what would be the exceptions to the law of privacy.
“The first exception they say is national security. The second exception they say is detection and prevention of crime. And the third exception judges say is distribution of socio-economic benefits,” he said. He said the third exception had been carved out specifically to protect Aadhar. “For instance, nobody can see that I spent Rs 1 crore in cash and you can’t ask me the source, because it violates my privacy…So I think, these exception have been well brought out in the judgement itself,” he said. There is a chapter in the Aadhar law which deals with certain aspects like the manner in which data is to be protected and the consequences of violation, he said. “So all those safeguard provisions have been brought into the law,” he asserted.

 

  1. R
    Reader
    Oct 30, 2017 at 11:06 am
    The Supreme Court is yet to take a decision on the validity of Aadhaar and whether the State can compulsorily link Aadhaar to various programs and all financial transactions. The Supreme Court is set to hear peti-tions related to Aadhaar including those for scrapping the Aadhaar Act, stopping biometric profiling, halting bank and mobile databases seeding with Aadhaar, etc. in November 2017.
    Reply
    1. R
      Reader
      Oct 30, 2017 at 11:05 am
      A centralized and inter-linked biometric database like Aadhaar will lead to profiling and self-censorship, endangering freedom. Personal data gathered under the Aadhaar program is prone to misuse and surveillance. Aadhaar project has created a vulnerability to identi-ty fraud, even identi-ty theft. Easy harvesting of biometrics traits and publicly-available Aadhaar numbers increase the risk of impersonation, especially online and banking fraud. Centralized databases can be hacked. Biometrics can be cloned, copied and reused. Thus, BIOMETRICS CAN BE FAKED. High-resolution cameras can capture your fingerprints and iris information from a distance. Every eye hospital will have iris images of its patients. So another person can clone your fingerprints and iris images without your knowledge, and the same can be used for authentication. If the Aadhaar scheme is NOT STOPPED by the Supreme Court, the biometric features of Indians will soon be cloned, misused, and even traded.
      Reply
      1. R
        Reader
        Oct 30, 2017 at 11:04 am
        UK’s Biometric ID Database was dismantled. Why the United Kingdom's biometrics-linked National Identi-ty Card project to create a centralized register of sensitive information about residents similar to Aadhaar was scrapped in 2010?? The reasons were the massive threat posed to the privacy of people, the possibility of a surveillance state, the dangers of maintaining such a huge centralized repository of personal information and the purposes it could be used for, the dangers of such a centralized database being hacked, and the unreliability of such large-scale biometric verification processes. The Aadhaar program was designed in 2009 by mainly considering the 'Identi-ty Cards Act 2006' of UK, but the UK stopped that project in 2010, whereas India continued the biometrics-based program. We must think why the United Kingdom abandoned their project and destroyed the data collected. (Google: 'Identi-ty Cards Act 2006' and 'Identi-ty Documents Act 2010' )
        Reply
        1. R
          Reader
          Oct 30, 2017 at 11:04 am
          The US Social Security Number (SSN) card has NO BIOMETRIC DETAILS, no photograph, no physical description and no birth date. All it does is confirm that a particular number has been issued to a particular name. Instead, a driving license or state ID card is used as an identification for adults. The US government DOES NOT collect the biometric details of its own citizens for the purpose of issuing Social Security Number. The US collects the fingerprints of only those citizens who are involved in any criminal activity (it has nothing to do with SSN), and the citizens of other countries who come to the US.
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