1. Aadhaar privacy: Here is why the Narendra Modi government should review its stance

Aadhaar privacy: Here is why the Narendra Modi government should review its stance

Why wait for a Constitution bench to pronounce on it?

By: | New Delhi | Published: July 17, 2017 5:34 AM
Aadhaar privacy, Aadhar card, Narendra Modi Government The privacy law will make citizens feel that much more secure about, for instance, digital payments and even about their data that is routinely collected by their phones and the Googles and Facebooks of the world.

Though the government contends, in line with Constitution benches of the Supreme Court, that the right to privacy is not a fundamental right, with another Constitution bench going to examine the matter afresh, the government would do well to review its stance. For one, while SC said, in 1954 and then 1962, that privacy was not a fundamental right—the first was an eight-judge bench and the second a six-judge one—the law is not static. In today’s day and age, it is difficult to argue privacy is not a basic or a fundamental right. Indeed, various SC judgments have veered around to this view. In 1975, in Gobind vs the State of Madhya Pradesh & Anr., the Supreme Court ruled “there can be no doubt that privacy-dignity claims deserve to be examined with care and to be denied only when an important countervailing interest is shown to be superior. If the Court does find that a claimed right is entitled to protection as a fundamental privacy right, a law infringing it must satisfy the compelling state interest test. Then the question would be whether a state interest is of such paramount importance as would justify an infringement of the right.” So, if the new Constitution bench was to weigh in on the side of privacy, the government will be in a soup since it has, over a period of time, made an Aadhaar linkage mandatory for a variety of services from ration cards to PAN and even phone numbers.

What makes the government position especially odd is that data security is something it too is concerned about, and this includes private data—recall the recent episode of one website claiming it had data for RJio’s customer base. At a time when India is getting more digital, and not just in payments, securing data is critical, and for that, a stringent privacy law is a must. Arguing against privacy, in any case, makes little sense since the government stance has always been that, first, the Aadhaar database of biometrics is completely secure and second, as the database does not keep information on financial or other transactions, it can never be used to breach privacy. If the government brings in a comprehensive privacy law soon and is able to demonstrate its claims on the Aadhaar database being fully secure and that it does not store transactions data, it has nothing to fear—even if the new Constitution bench says the right to privacy is a fundamental right, this will not upset the usage of Aadhaar. On the other hand, the privacy law will make citizens feel that much more secure about, for instance, digital payments and even about their data that is routinely collected by their phones and the Googles and Facebooks of the world.

  1. Hemen Parekh
    Jul 19, 2017 at 11:47 am
    s: myblogepage. /2017/07/privacy-parish-thought
    Reply
    1. #
      #AADHAARFAIL
      Jul 17, 2017 at 10:11 am
      aadhaar pay has already been hacked using replayed fingerprint. If fingerprint is replayed with small noise, UIDAI has NO WAY to detect whether it is a real fingerprint or replayed fingerprint. Your fingerprints will be stolen from mobile shop, printed in transparency sheet and used for aadhaar pay to clean your bank account, sell your property and UIDAI will charge 3 lakh commission from the "Iden y Theives", which is a win win situation for both "Iden y Thieves" and UIDAI. And You the victim of "Iden y Theft" will land in footpath with no money in pocket. Go back #aadhaar. Jai Hind.
      Reply
      1. D
        Dinesh
        Jul 17, 2017 at 9:41 am
        It is good step taken by this Government those who are against they want to escape to show their back money or hide their benami property. Technical problem will come expert will give solution. Let it should implement first.
        Reply
        1. #
          #AADHAARFAIL
          Jul 17, 2017 at 10:10 am
          aadhaar pay has already been hacked using replayed fingerprint. If fingerprint is replayed with small noise, UIDAI has NO WAY to detect whether it is a real fingerprint or replayed fingerprint. Your fingerprints will be stolen from mobile shop, printed in transparency sheet and used for aadhaar pay to clean your bank account, sell your property and UIDAI will charge 3 lakh commission from the "Iden y Theives", which is a win win situation for both "Iden y Thieves" and UIDAI. And You the victim of "Iden y Theft" will land in footpath with no money in pocket. Go back #aadhaar. Jai Hind.
          Reply
        2. #
          #AADHAARFAIL
          Jul 17, 2017 at 9:13 am
          When your fingerprint gets stolen, printed and used for aadhaar pay, cloning SIM and changing bank password using OTP, your aadhaar devotion will vanish. Jai Hind. 1. 25 lakh families in Rajasthan are unable to withdraw ration even after seeding #AADHAARFAIL with their ration card. 2. #AADHAAR authentication does not work for half billion Indians. 3. AADHAAR authentication does not work even after updating bio-metrics and waiting for 90 days 4. AADHAAR bio-metrics can be stolen, printed and used for #AADHAAR pay 5. #AADHAAR does not work for NRIs, people outside India 6. AADHAR can not be generated if a person's fingerprint matches with someone else's with 60 percentage probability. 7. Rogue government can deactivate your #AADHAAR blocking ur gas, electricity, mobile, bank account 8. AADHAAR works for millions of illegals staying in India 9. AADHAAR is blocking subsidies for millions of legitimate people 10. Take 10 lakh insurance for each #AADHAAR failure case/delete
          Reply
          1. D
            Dinesh
            Jul 17, 2017 at 9:44 am
            When we will die what will happen? Will this stolen property go with us? Let it should be utilized for the welfare of poor and downtrodden after all this is their property looted by pakhandi.
            Reply
            1. #
              #AADHAARFAIL
              Jul 17, 2017 at 10:09 am
              STFU
          2. #
            #AADHAARFAIL
            Jul 17, 2017 at 9:12 am
            When your fingerprint gets stolen, printed and used for aadhaar pay, cloning SIM and changing bank password using OTP, your aadhaar devotion will vanish. Jai Hind. 1. 25 lakh families in Rajasthan are unable to withdraw ration even after seeding #AADHAARFAIL with their ration card. 2. #AADHAAR authentication does not work for half billion Indians. 3. AADHAAR authentication does not work even after updating bio-metrics and waiting for 90 days 4. AADHAAR bio-metrics can be stolen, printed and used for #AADHAAR pay 5. #AADHAAR does not work for NRIs, people outside India 6. AADHAR can not be generated if a person's fingerprint matches with someone else's with 60 percentage probability. 7. Rogue government can deactivate your #AADHAAR blocking ur gas, electricity, mobile, bank account 8. AADHAAR works for millions of illegals staying in India 9. AADHAAR is blocking subsidies for millions of legitimate people 10. Take 10 lakh insurance for each #AADHAAR failure case/delete
            Reply
            1. #
              #AADHAARFAIL
              Jul 17, 2017 at 9:09 am
              Stop writing article, aadhaar pay has already been hacked using replayed fingerprint. If fingerprint is replayed with small noise, UIDAI has NO WAY to detect whether it is a real fingerprint or replayed fingerprint. Your fingerprints will be stolen from mobile shop, printed in transparency sheet and used for aadhaar pay to clean your bank account, sell your property and UIDAI will charge 3 lakh commission from the "Iden y Theives", which is a win win situation for both "Iden y Thieves" and UIDAI. And You the victim of "Iden y Theft" will land in footpath with no money in pocket. Go back #aadhaar. Jai Hind.
              Reply
              1. #
                #AADHAARFAIL
                Jul 17, 2017 at 9:05 am
                When your fingerprint gets stolen, printed and used for aadhaar pay, cloning SIM and changing bank password using OTP, your aadhaar devotion will vanish. Jai Hind. 1. 25 lakh families in Rajasthan are unable to withdraw ration even after seeding #AADHAARFAIL with their ration card. 2. #AADHAAR authentication does not work for half billion Indians. 3. AADHAAR authentication does not work even after updating bio-metrics and waiting for 90 days 4. AADHAAR bio-metrics can be stolen, printed and used for #AADHAAR pay 5. #AADHAAR does not work for NRIs, people outside India 6. AADHAR can not be generated if a person's fingerprint matches with someone else's with 60 percentage probability. 7. Rogue government can deactivate your #AADHAAR blocking ur gas, electricity, mobile, bank account 8. AADHAAR works for millions of illegals staying in India 9. AADHAAR is blocking subsidies for millions of legitimate people 10. Take 10 lakh insurance for each #AADHAAR failure case/delete
                Reply
                1. #
                  #AADHAARFAIL
                  Jul 17, 2017 at 6:49 am
                  When your fingerprint gets stolen, printed and used for aadhaar pay, cloning SIM and changing bank password using OTP, your aadhaar devotion will vanish. Jai Hind. 1. 25 lakh families in Rajasthan are unable to withdraw ration even after seeding #AADHAARFAIL with their ration card. 2. #AADHAAR authentication does not work for half billion Indians. 3. AADHAAR authentication does not work even after updating bio-metrics and waiting for 90 days 4. AADHAAR bio-metrics can be stolen, printed and used for #AADHAAR pay 5. #AADHAAR does not work for NRIs, people outside India 6. AADHAR can not be generated if a person's fingerprint matches with someone else's with 60 percentage probability. 7. Rogue government can deactivate your #AADHAAR blocking ur gas, electricity, mobile, bank account 8. AADHAAR works for millions of illegals staying in India 9. AADHAAR is blocking subsidies for millions of legitimate people 10. Take 10 lakh insurance for each #AADHAAR failure case/delete
                  Reply
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