The Aadhaar Act, 2016
- 1. Privacy of Data in Aadhaar Mandate: An Analysis of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 By: Dr. Gagandeep Kaur, 3rd COLS International Conference Data Privacy: Road Ahead in Data Protection on 1-2 September, 2017 at Dehradun.
- 2. Introduction • The ‘Aadhaar Project’ is the world’s largest national identity project, launched by the government of India in the year 2016 with the enactment of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
- 3. Objective • This project seeks to collect biometric and demographic data of residents and store it in a centralised database controlled by Unique Identification Authority of India (UIDAI) under the Ministry of Electronics and Information Technology. • The 12-Digit biometric Aadhaar Card meant to be voluntary or optional has become a compulsory mandate to receive the benefits of welfare schemes launched by the government from time to time.
- 4. Personal Opinion Janamkundali • Sensitive personal information of an individual in the hands of centralised database symbolises ‘janamkundali’ of the concerned person and if the ‘janamkundali’ is being compromised the consequences would be serious. Similarly, if such database is not secure then speaking about the Privacy as a fundamental right is only a myth.
- 5. Mini Biography of an Individual School Admission/ College/Hospitals Mobile Number Bank Account/ PAN Card Internet Connection Recently Added: Death Certificate
- 6. Why and How Janamkundali: Analyze Benefits LPG SUBSIDY Pradhan Mantri Jan Dhan Yojana (PMJDY) Passport in 10 Days
- 8. Why and How Janamkundali Opening of New Account “Jeevan Praman for Pensioners” and Digital Parman for pensioners SEBI
- 9. Privacy: Captured with Consent: Optional to Compulsory
- 10. Features of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016: An Overview
- 11. 1. Nature of the Aadhaar Act, 2016: • This Act is divided into 8 Chapters and consists of 59 sections. This Act has received the assent of President on the 25th March 2016. This legislation is “Social-Welfare Legislation” as it appears from the Preamble of this Act.
- 12. Preamble: • It states: • “An Act to provide for, as a good governance, efficient, transparent, and targeted delivery of subsidies, benefits and services, the expenditure for which is incurred from the Consolidated Fund of India, to individuals residing in India through assigning of unique identity numbers to such individuals and for matters connected therewith or incidental thereto.”
- 13. 2. Intra-Territorial and Extra- Territorial Application • According to Section 1 (2): This Act extends to the whole of India except the State of Jammu and Kashmir and save as otherwise provided in this Act, it also applies to any offence or contravention thereunder committed outside India by any person. According to Section 44 (1) subjects to certain conditions, the provisions of this Act also apply to any offence or contravention committed outside India by any person, irrespective of his nationality.
- 14. 3. Aadhaar Number is not Evidence of Citizenship or Domicile • According to Section 9 of this Act the Aadhaar number or the authentication thereof does not, by itself, confer any right and proof of, citizenship or domicile in respect of an Aadhaar number holder. • Any individual who is a resident in India and satisfies the verification process laid down by the Unique Identification Authority of India (UIDAI) can apply for Aadhaar card irrespective of age and gender.
- 15. 4. Aadhaar Number is necessary for the purpose of “Establishing Identity” through the process of “Authentication”: • According to Section 7 of the Act, the proof of Aadhaar Number is necessary for receipt of certain subsidies, benefits and services, etc. • There is a subtle difference between two terms namely ‘identity verification’ and ‘authentication’. Identity provides an answer to the question “who are you?” and authentication is a challenge-response process that provides a “proof of the claim of identity”/ or how you can say who are you?”
- 16. 5. Unique Identification Authority of India (UIDAI) Chapter IV, Section 11-23 The Central Government establishes the Unique Identification Authority of India to be responsible for the processes of enrolment and authentication and perform such other functions assigned to it under this Act. This Authority is a body corporate having perpetual succession and a common seal, with power, to acquire, hold and dispose of property, both movable and immovable, and to contract, and to sue or be sued. The head office of the Authority is in New Delhi.
- 17. Other Provisions • Offences: Chapter VII, Sections 34-46, Section 47 • Relationship of the Aadhaar Act, 2016 and the Information Technology Act, 2000: • Under the Aadhaar Act, 2016 Chapter VI entitled, “Protection of Information” deals with safety mechanism.
- 18. • Does ‘Aadhaar Project’ violate the Fundamental Right to Privacy and Is it ‘Unconstitutional’: An Analysis
- 19. Variables under study In order to reach a logical conclusion the variables under study are: • The type of information being collected from Citizens and Residents • The Adequate Security Measures to Protect Sensitive Personal Information • The Real risks posed by Hacking from Enemy Nations
- 20. The Nature of Information Collected 1. Supported Proof of Identity (PoI) Documents having Name and Photo 2. Supported Proof of Date of Birth (DoB) Documents 3. Supported Proof of Address (PoA) Documents having Name and Address 4. Supported Proof of Residence (POR) 5. Documents containing Relationship details to Head of Family: PDS Card, MNREGA Job Card, CGHS/State Government/ECHS/ESIC Medical Card, Pension Card, Army Canteen Card, Passport, Birth Certificate issued by Registrar of Birth.
- 21. Security Measures to Protect Sensitive Personal Information • “All the data is stored in encrypted form: “The data is encrypted with the highest 2048 bit encryption, which takes 1000s of years to crack and it is what the government notifies it as a minimum security standard.” PKI-2048 and AES-256, the “highest available public key cryptography encryption” is being used, according to the UIDAI. Hence, even if any computer or data is stolen, without the code, it will not be decipherable.” • Aarthi S. Anand , “India, the Aadhaar Nation: That Isn’t Legally Equipped to Handle Its Adverse Effects”, Retrieved from< https://thewire.in/84925/aadhaar-privacy- security-legal-framework/ 10 July 2017.
- 22. The Real risks posed by Hacking from Enemy Nations and Dark Net • Archana Dureja, a scientist in the Ministry of Electronics and Information Technology, wrote on 25 March 2017: • “There have been instances wherein personal identity or information of residents, including Aadhaar number and demographic information and other sensitive personal data such as bank account details etc. collected by various Ministries/Departments, has been reportedly published online and is accessible through an easy online search.
- 23. For the first time, the Modi government has officially acknowledged that: “personal identity of individuals, including Aadhaar number and other sensitive information, has been leaked to the public domain”. • Yatish Yadav, “Government admits your Aadhaar data has been leaked”, Published: 31st March 2017 01:14 AM. Retrieved from:< http://www.newindianexpress.com/nation/2017/mar/31/government-admits-your- aadhaar-data-has-been-leaked-1588027.html
- 24. Conclusion • In India the judgment of Justice K S Puttaswamy (Retd.) and Anr. (Petitioners) Versus Union of India and Ors. (Respondents) SC 2017 delivered on 25 August, 2017 has made it a historic day. Decision on Aadhaar is still pending. • It would be declared Constitutional.
- 25. • If someone knows bank account number, it will be wrong to assume that he/she will be able to hack our Bank account. Similarly if someone knows Aadhaar number, it will be wrong to assume that he/ she will be able to hack Aadhaar- linked account unless secret numbers are PIN, OTP, Passwords, Login Ids and username are shared with.
- 26. Suggestions 1. Strong and adequate Privacy Policy 2. Awareness to Aadhar card holder regarding precautions. 3. The legal framework on security and privacy assurance, however, needs to be more specific and requires significant strengthening.
- 27. THANK YOU