Briefing Statement

Seven years of research, advocacy and campaign on surveillance through
Central Identities Data Repository (CIDR) of UID/Aadhaar numbers

Seven years of a memorable Press Conference on UID, an
anti-UID/Aadhaar event not covered under external influence

28 September, 2017

On completing seven years of its work on surveillance through
Panopticon called Central Identities Data Repository (CIDR) of
UID/Aadhaar numbers, Citizens Form for Civil Liberties (CFCL)
recollects a memorable press conference on “The UID Project” which was
held at the Press Club, New Delhi on 28 September, 2010 from 12 noon
onwards. As concerned citizens the eminent speakers raised questions
about the UID project and undemocratic process, Privacy, Surveillance,
Profiling, Tracking and Convergence which can happen with the help of
the UID number. The conference was attended by print and electronic
media wherein the speakers shared details about how this has the
potential to violate citizens’ right to privacy and transform the
state-citizen relationship and will affect every resident using Unique
Identity (UID) Number. This number has been branded as Aadhaar.

Coincidentally, there was a "Bangalore based Adhar Trust that Nilekani
and Rohini Nilekani set up to fund their initiatives into a government
function." Adhar Trust was in news in August 2003. It was reported in
financial newspapers and business magazines. It was reported that
Adhar Trust donated 4.75 crore to the initiatives of Bangalore Agenda
Task Force (BATF) at that point in time. Bangalore based researchers
confirmed it when Aadhaar name was chosen as the brand name of 12
digit unique identification (UID) number. The coincidence of NGO of
Rohini Nilekani & Nandan Nilekani having 'Adhar' name and UID getting
"Aadhaar" name remains inexplicable and quite stark. The UID project
was renamed the Aadhaar project after the UIDAI avowedly had a
nationwide competition to find a logo and a brand name. Curiously,
Aadhaar name echoes the name of based Adhar Trust.

The journalists present at the press conference on 28 September asked
many questions of concern. The conference continued for a long time.
Even after the press conference several journalists stayed back to
speak to the speakers for long.  After the press conference, the
organizers Campaign for No UID and Citizens Form for Civil Liberties
(CFCL) found that the attendance sheet of all the journalists who
attended the conference was missing. On 29 September there was no
coverage of the anti-UID/Aadhaar event under some external influence
through a public relations agency. Some journalists informed that they
had filed the story but it was not published. The lesson from the
incident is that when there is a contest between journalists and
public relations professionals, the latter prevails through media
owners. This was the day one which biometric UID/Aadhaar number was
launched by Sonia Gandhi and Manmohan Singh in Maharashtra in the
presence of Nilekani as Chairman of Unique Identification Authority of
India, (UIDAI).

On 24 August, 2017, when 9-Judge Constitution Bench of Supreme Court
gave its verdict on Right to Privacy, the statement of concern issued
at the press conference on 28 September 2010 signed by seventeen
eminent signatories was vindicated. The signatories included
personalities like Late Justice VR Krishna Iyer, Retired Judge,
Supreme Court of India, Justice A.P.Shah, Retired Chief Justice of
High Court of Delhi, Prof Romila Thapar, Historian, Late
K.G.Kannabiran, Senior Civil Liberties Lawyer, Bezwada Wilson, Safai
Karamchari Andolan, Aruna Roy, MKKS, Rajasthan, Late S.R.Sankaran,
Retired Secretary, Government of India, Upendra Baxi, Jurist and
ex-Vice Chancellor of Universities of Surat and Delhi, Uma
Chakravarthi, Historian, Shohini Ghosh, Teacher and Film Maker, Amar
Kanwar, Film Maker, Trilochan Sastry, Indian Institute of Management
(IIM), Bangalore, and Association for Democratic Reforms, Prof.
Jagdeep S. Chhokar , ex- IIM Ahemadabad, and Association for
Democratic Reforms, Kavita Srivastava, PUCL and Right to Food
Campaign, Shabnam Hashmi, ANHAD and Deep Joshi, Independent
Consultant. The statement asked the government to halt the project. It
demanded that a feasibility study be done covering all aspects of this
issue, experts be tasked with studying its constitutionality, the law
on privacy be urgently worked on, a cost : benefit analysis be done
and a public, informed debate be conducted before any such major
change be brought in.

The speakers addressing the press conference informed the media that
the UID project is supposed to give every resident a Unique Identity
(UID) Number, has been initiated without any prelude: there is no
project document; there is no feasibility study; there has been no
cost: benefit analysis; there are serious concerns about data and
identity theft. The UID project has proceeded so far without any legal
authorization, on the basis of an executive order, that could change
the status of the people in this country, with effects on our security
and constitutional rights, and a consideration of all aspects of the
project should be undertaken with this in mind.

The speakers at the press conference on 28 September 2010 drew the
attention of the media towards the fact that national IDs have been
abandoned in the US, Australia and the newly-elected British
government. The reasons have predominantly been:  costs and privacy.
In the UK, the Home Secretary explained that they were abandoning the
project because it would otherwise be `intrusive bullying’ by the
state, and that the government intended to be the `servant’ of the
people, and not their `master’. In the late nineties, the Supreme
Court of Philippines struck down a biometric based national ID system
as 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 – UIDAI has been constituted on the
basis of a GoI notification and there is a fundamental risk to civil
liberties with the convergence of UID, NATGRID and the National
Population Register.

For Citizens Forum for Civil Liberties (CFCL) it all began with a late
night lecture on the subject of 12-digit biometric Unique
Identification (UID)/Aadhaar based surveillance by Dr Usha Ramanathan,
a noted scholar of jurisprudence at Godavari Hostel in Jawaharlal
Nehru University (JNU), New Delhi in April 2010. This was the first
lecture on the subject in JNU. This lecture inspired the launch of
CFCL as an initiative of MediaVigil, a forum of old students of Indian
Institute of Mass Communication (IIMC), which comprises of media
practitioners, scholars, researchers and social activists. Since the
CFCL has been working relentlessly on the subject of UID/Aadhaar and
related implications of surveillance technologies, big data and
artificial intelligence on natural rights.

A brief chronology of CFCL”s work is enclosed as part of the complete
text of the briefing statement.

CFCL has written over 150 articles in Hindi and English on the subject
and issued several briefing papers, petitions, public statements and
press releases. Most of them are available in public domain. CFCL’s
documents its works in its annual journal. It has rigorously archived
and documented the goings on related to UID/Aadhaar case in
particular. Besides Parliamentary Standing Committee on Finance, CFCL
has engaged with Parliamentary Standing Committee on Subordinate
Legislation, and Parliamentary Standing Committee on Food, Consumer
Affairs and Public Distribution and others.

During the course of these seven years CFCL has held numerous press
conferences, seminars and addressed audiences in New Delhi, Alwar,
Ranchi, Chandigarh, Patna, Bhubneshwar, Kolkata, Hyderabad, Raipur and
in several universities with several institutions, groups and
movements like Indian Social Action Forum, National Alliance for
Peoples Movements, PUCL, Deccan Development Society, SRUTI, Centre for
Internet Society (CIS), The Fifth Estate and MKSS. It has been part of
efforts at getting resolutions and declarations seeking stoppage of
UID/Aadhaar and related schemes adopted and passed in several state
capitals. CFCL It has assisted several of the 25 petitioners in the
Supreme Court and some High Courts.

At present CFCL is busy assisting the victims of UID/Aadhaar. It
awaits the hearing on the constitutionality of UID/Aadhaar scheme of
2009, UID/Aadhaar Act, 2016 and Finance Act 2017 by the original
3-Judge Bench as per the order of 9-Judge Constitution Bench.

CFCL has briefed over a dozen political parties and several senior
leaders about how big data and cyber-biometric technology companies
undermine natural and democratic rights. It has critiqued one of the
several versions of Human DNA Profiling Bill. It has sent its initial
submission to Committee of Experts on data protection framework for
India headed by Justice B.N. Shrikrishna. CFCL’s work is journey for
the protection of natural rights from its corporal and incorporeal
enemies.

For Details: Gopal Krishna, Convener, Citizens Forum for Civil
Liberties (CFCL), E-mail: [email protected], Mb: 9818089660,
08227816731, Web: www.toxicswatch.org

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