Press Release

Proposal to put Indian residents under surveillance forever

Besides UID Number Bill, several other related Bills on the horizon

New Delhi/15/12/2010: The National Identification Authority of India
Bill (NIAI), 2010 has been introduced in Parliament after the
constitution of the Unique Identification Authority of India (UIDAI)
and appointment of Nandan Nilekani as its Chairman in the rank and
status of a Cabinet Minister. The Bill introduced in Rajya Sabha
onDecember 3, 2010 seeks to provide statutory status to the UIDAI
which has been functioning without backing of law since January 2009.
Prior to the introduction of the Bill on 29th September 2010, Prime
Minister Dr. Manmohan Singh distributed Unique Identification Numbers
(Aadhaar) among the villagers of Tembhali village in Nandurbar
District of Maharashtra. “The Aadhaar number will ease these
difficulties in identification, by providing a nationally valid and
verifiable single source of identity proof. The UIDAI will ensure the
uniqueness of the Aadhaar numbers through the use of biometric
attributes (Finger Prints and Iris) which will be linked to the
number,” according to the Press Brief for National launch of Unique
Identification Numbers (Aadhaar) issued by UIDAI.

It admitted that “India will be the first country (in the world) to
implement a biometric-based unique ID system for its residents on a
national scale.” Neither the Prime Minister nor the Planning
Commission has taken cognisance of abandonment of such UID Number
scheme in countries like the US, Australia and now in the UK. In the
UK, their Home Secretary abandoned the project because it considered
it `intrusive bullying’ by the state, and that the government intended
to be the `servant’ of the people, and not their `master’. In the late
1990s, the Supreme Court of Philippines struck down the President’s
Executive Order A.O 308 which instituted a biometric based national ID
system calling it unconstitutional on two grounds – the overreach of
the executive over the legislative powers of the congress and invasion
of privacy. The same is applicable in India. The statement of concern
issued by the eminent citizens including former judges, jurists,
educationists stated, “UIDAI has been constituted on the basis of a
GoI (Government of India) notification and there is a fundamental risk
to civil liberties”.

It is claimed that the UID Number will “substantially improve the
efficiency of the delivery systems by ensuring that the leakages are
reduced and the benefits reach the right people.” It also claims that
“electronic transfers of benefits and entitlements can be enabled
through Aadhaar-linked bank accounts of the beneficiaries.”

It is noteworthy that even before the passage of the National
Identification Authority of India Bill from the parliament, the
authority has embarked upon:
•         taking biometric and demographic data of Indian residents
•         entering into MOUs with multiplicity of institutions
including Banks, LIC, State governments to acts as Registrars,
•         setting a process by which a large amount of data about the
individuals will be collected and aggregated on the files of these
Registrars,
•         entering into contracts with corporations predominantly from
the technology and biometric industry including those with close links
with intelligence agencies in other countries: for instance, Accenture
(which is working with US Homeland Security in their Smart Borders
Project) and L1 Identity Solutions (whose main market, and recruitment
ground, is the Central Intelligence Agency) . Their website reads:
“American and foreign military services, defense and intelligence
agencies rely on L-1 solutions and services to help determine ally
from enemy”. The same US company was hired for “Implementation of
Biometric Solution for UIDAI” from 30 July 2010
•    another US company, Accenture Services Pvt. Ltd., has been hired
for the “Implementation of Biometric Solution for UIDAI”. This company
is “committed to helping the (US) Department of Homeland Security”.
Its “solutions include developing prevention tactics, streamlining
intelligence gathering and maximizing new technologies.”
There is a convergence of all the residents and institutions underway
through Project UID, a Silicon Valley initiative (dominated by
Information Technology companies) passing off as “Planning Commission
initiative” without consultation at district and panchayat level and
within the political parties to create a central database of residents
and generate a unique identification number (UID) for all such
residents which is proposed to be “used as the basis for identifying
and authenticating a person's entitlement to government services and
benefits”. This initiative is being steered by the Department of
Information Technology (as the Line Ministry) through National
Informatics Centre Services Inc. (NICSI)/ National Informatics Centre
(NIC), as the technical solution provider and a consultant for
“linking of existing databases, as well as providing for future
additions, by the user agencies.” This entails tracking and profiling
residents electronically through some 53 departments of the Government
of India, 35 State/UT Secretariats and 603 District collectorates. NIC
was formed in 1975. While UIDAI has been misleading the citizens and
the media about the UID Number scheme being voluntary, the ‘Legal
Framework For Mandatory Electronic Delivery of Services’ of Union
Ministry of Communication and Information Technology, refers to “UIDAI
– UID based authentication for services” as an enabler, thus making it
compulsory.

This proposed NIAI Bill must be looked at along with other Bills in
the offing such as Draft Land Titling Bill, 2010, Draft Paper on
Privacy Bill, 2010, Draft DNA Profiling Act, 2007 and Public
Information Infrastructure and Innovations (PIII) for a National
Knowledge Network. Besides this National Intelligence Grid (Natgrid),
meant to integrate existing 21 databases with Central and state
government agencies and other organisations, and National Population
Register (which is quite different from Census) will end up
undertaking surveillance, reconnaissance and targeting of Indian
residents.
Sam Pitroda’s PIII reveals the plot emphasizing digital network to
process all kinds of information at all levels saying, “For
government, PII is very important to first identify all beneficiaries,
essentially people. We also at the same time need to identify all our
physical assets all over the country, like primary schools, railway
stations, hospitals. Then we also need to tag all our programes-and
government typically would have hundreds of programs for public
delivery systems. Once you tag people, places, and programs, then it
is easier to really organise information for delivering public
services. Hopefully, with new focus on PIII, where we could
essentially tag people, tag places, tag programs, we will be able to
structure delivery systems to get lot better productivity, efficiency,
reduced cost. The starting point for this nationwide network of fiber
optics, wireless systems to connect 2, 50, 000 Panchayats all over the
country especially in rural areas where ultimately information data
gathering would begin. This is where beneficiaries are.” All this
information will be in the hands of a few ‘trustworthy’ people inm the
government and few select companies. Such a situation is fraught with
both unintended and intended consequences impacting monetary and
non-monetary aspects of citizens’ life.

Notably, the Land Titling Bill makes a provision for “Unique property
identification number”, linking UID Number with property.

Admittedly, the Draft Privacy Bill states, “There is no data
protection statute in the country.” On UID Number, the Draft Paper on
Privacy Bill states, “Data privacy and the need to protect personal
information is almost never a concern when data is stored in a
decentralized manner. Data that is maintained in silos is largely
useless outside that silo and consequently has a low likelihood of
causing any damage. However, all this is likely to change with the
implementation of the UID Project. One of the inevitable consequences
of the UID Project will be that the UID Number will unify multiple
databases. As more and more agencies of the government sign on to the
UID Project, the UID Number will become the common thread that links
all those databases together. Over time, private enterprise could also
adopt the UID Number as an identifier for the purposes of the delivery
of their services or even for enrolment as a customer.”

Quite menacingly, the Draft Paper on Privacy Bill asserts, “Once this
happens, the separation of data that currently exists between multiple
databases will vanish.” This poses a threat to the identity of
citizens and the idea of residents of the state as private persons
will be forever abandoned.

UIDAI started working in the month of August 2009 to deliver Unique
Identification Numbers (Aadhaar) to every resident in the country and
to establish a cost-effective, ubiquitous authentication
infrastructure to easily verify these identities online and in
real-time. The UIDAI has been set up unmindful of grave concerns
expressed in the government’s own Draft Paper on Privacy Bill, and
NIAI Bill appears to be meant to justify UIDAI’S acts of omission and
commission. The NIAI Bill and its critique both in Hindi and English
will be released shortly.
Meanwhile, UIDAI has also hired a public relations agency with an
objective to “Provide consistent flow of information across all
mediums to create the right perception of UIDAI and Aadhaar throughout
the country”; one such agency has created a stalemate in the
Parliament. This is an attempt to convert a resident into a number,
Indian population into a market and then citizens in to subjects.

For Details: Gopal Krishna, Member, Citizens Forum for Civil
Liberties, Mb: 9818089660,
E-mail: [email protected]

-- 
Gopal Krishna
New Delhi
Mb: 9818089660
Skype id: witnesskrishna
E-mail: [email protected]
Blog: toxicswatch.blogspot.com
http://twitter.com/krishnagreen

“The wealthiest 20% are consuming 82.49% of all of the riches on Earth
while the poorest 20% are living on a tiny 1.6%. Humanity is consuming
today a 30% above the regenerating capacity." Leonardo Boff, Brazilian
theologian

“……..the downfall of a nation begins in the home………” an African proverb

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