[While access of data, whether by state authorised or unauthorised private
entities for "lawful" or unlawful financial gains, and stealing of idenity
do pose very serious threats, far more unnerving is the threat posed by the
very "custodian" of the data, the Indian state.
It can now with considerable ease monitor an individual's financial
transactions, communications and movements. (Ref.: <
https://scroll.in/article/864463/memo-to-shekhar-gupta-to-understand-aadhaars-threat-to-democracy-listen-to-snoopgate-tapes>,
<
https://www.dailyo.in/politics/aadhaar-rs-500-uidai-breach-national-security-surveillance-the-tribune/story/1/21634.html>,
<
http://www.thehindu.com/opinion/lead/aadhaar-enabling-a-form-of-supersurveillance/article22444686.ece>
and <https://newsclick.in/how-aadhaar-changing-rules-surveillance-india>.)
***Yet even more spine-chilling is the fact it can, at its whim, turn a
person into a "non-being" by deactivating her card and all that linked to
it, just in the blink of an eye.***
In the Supreme Court, Sr. Advocate Shyam Divan, in his opening argument on
Jan.17th, has called it "civil death". (Ref.: <
http://www.livelaw.in/aadhaar-switch-can-cause-civil-death-individual-senior-advocate-shyam-divan-submits-5-judge-constitution-bench-read-opening-statement/
>.)

Also relevant: <<Among the more prominent faces at the helm of the legal
fight in the Supreme Court is one Padma Shri awardee, three Ramon Magsaysay
awardees, three former Indian army personnel, a retired high court judge, a
parliamentarian and the entire government of West Bengal.>>
<https://thewire.in/215107/orchestrated-wine-cheese-campaign-aadhaar-sc/>.
Highly interesting is the response by a former RAW Chief: 'Nineteen
Eighty-Four and India’s Severe Case of ‘Aadhaaritis’ at <
https://thewire.in/215766/indias-severe-case-aadhaaritis/>.
The dismal state of data security is best captured by <
http://www.tribuneindia.com/news/nation/rs-500-10-minutes-and-you-have-access-to-billion-aadhaar-details/523361.html
>.
Deserves special note: <<But, ***ultimately, in question are four core
interests*** [emphasis added]: the first concerns whether the state can at
all compel a person to part with his or her biometric information without
securing the person’s informed consent; the second involves questions over
the surveillance apparatus that the Aadhaar Act creates; the third raises
questions over the level of exclusion caused by the use of Aadhaar, for
example, concerns over the extent to which the programme meets its
purported objectives; and the fourth questions the degree of protection
offered to the data that the UIDAI collects, stores and operates. ***On
each of these, any sensible reading of the Aadhaar Act would show us that
the machinery that it has put in place flagrantly infracts fundamental
rights, granting, in the process, enormously invasive powers to the
state*** [emphasis added].>>
(Source: <
http://www.thehindu.com/opinion/lead/aadhaar-enabling-a-form-of-supersurveillance/article22444686.ece
>.)

<<When it was set up by the Congress Party-led government in 2009, it was
touted as a voluntary biometric ID system that would ensure the smooth
delivery of public services — notably welfare benefits and subsidized food
for the poor — while limiting the risk of fraud.
The Bharatiya Janata Party, then the main opposition party, was among the
project’s fiercest critics at first, calling it too costly and a “political
gimmick.” But after it came to power, in May 2014, the B.J.P. went further
than Congress had ever dreamed of: Since then, it has made Aadhaar
mandatory for accessing numerous public services, as well as for some
private transactions.
So far, Aadhaar — “the foundation” in Hindi — seems to have helped neither
with welfare nor against corruption, all the while creating new problems,
including by exposing people’s personal data to theft or predation by the
private sector.
...
Some critics have warned that Aadhaar could turn into an instrument of mass
surveillance. At a minimum, it already raises grave concerns about data
security and privacy, neither of which is currently protected under Indian
law....
...
Aadhaar was supposed to showcase the government’s forward thinking about
efficient administration; it has only exposed the state’s coerciveness. It
was supposed to ease the poor’s access to welfare; it has hurt the
neediest. It was supposed to harness technology in the service of
development; it has made people’s personal data vulnerable. One of the
Indian government’s biggest banner projects has become a glaring example of
all that can go wrong with policy making in this country.>>]

https://www.nytimes.com/2018/01/21/opinion/india-aadhaar-biometric-id.html?em_pos=small&emc=edit_ty_20180122&nl=opinion-today&nl_art=12&nlid=72608351&ref=headline&te=1#story-continues-2

OP-ED CONTRIBUTOR

Why India’s Big Fix Is a Big Flub

By REETIKA KHERAJAN. 21, 2018

Jyoti, the daughter of a migrant farm worker, had her fingerprints scanned
in New Delhi to register for an Aadhaar ID number. Credit Ruth Fremson/The
New York Times
NEW DELHI — Aadhaar, India’s grand program to provide a unique 12-digit
identification number to each of its 1.3 billion residents, appears to be
collapsing under its own ambitions.

When it was set up by the Congress Party-led government in 2009, it was
touted as a voluntary biometric ID system that would ensure the smooth
delivery of public services — notably welfare benefits and subsidized food
for the poor — while limiting the risk of fraud.

The Bharatiya Janata Party, then the main opposition party, was among the
project’s fiercest critics at first, calling it too costly and a “political
gimmick.” But after it came to power, in May 2014, the B.J.P. went further
than Congress had ever dreamed of: Since then, it has made Aadhaar
mandatory for accessing numerous public services, as well as for some
private transactions.

So far, Aadhaar — “the foundation” in Hindi — seems to have helped neither
with welfare nor against corruption, all the while creating new problems,
including by exposing people’s personal data to theft or predation by the
private sector.

On Wednesday, the Supreme Court began hearings in a long-running collective
case challenging the program’s constitutionality. In their opening
statement, the petitioners argued that Aadhaar, if fully implemented, would
“reduce citizens to servitude,” since not having an Aadhaar number — that
“electronic leash” — in effect meant “civil death.”

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On the one hand, having an Aadhaar number does not in itself guarantee
access to India’s welfare benefits — among the least generous in the world.
On the other, the need to have one and to link it to one’s various accounts
and benefits has prevented some Indians from obtaining state assistance.

Several Indian states require people to enlist in Aadhaar before they can
claim rice or wheat at subsidized prices under the Public Distribution
System, an important source of food security in the country’s poorer areas.
Among them is the eastern state of Jharkhand, where only about 7 percent of
residents aged 6 to 23 get an adequate diet. In September, an 11-year-old
girl there died of hunger after her family was struck off the beneficiaries
registry because it had failed to link its ration card to an Aadhaar
number. (The government has contested this account, claiming the girl died
of malaria.) A half-dozen other Indians are reported to have died because
of similar reasons.

These deaths are the starkest and most tragic example of the system’s
shortcomings. But many, many thousands of Indians, perhaps even millions,
are at risk — if not of dying, at least of losing access to food, pensions
or other benefits they sorely need. And all of this, precisely as a result
of a system that was supposed to help them get state help.

To buy subsidized grain in some states, for example, a beneficiary must
authenticate her identity by placing the tip of a finger on a hand-held
machine. Collecting a readable fingerprint this way requires functioning
electricity, an internet connection and operational servers. In large
swathes of rural India, such as in Rajasthan, all of this is a steep ask.
Yet if any one of these steps fail, applicants are denied food assistance.

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Previously, an infirm, older person could send a relative or neighbor with
the relevant paperwork as a proxy to collect monthly rations. Now, the
biometric identification system requires one’s physical presence.

In 2017, several economists and I conducted a survey of 900 households in
Jharkhand, comparing villages that did and did not implement the Aadhaar
system for buying grain. We discovered that the percentage of households
that failed to obtain any grain at all was five times higher in the
villages where Aadhaar authentication was compulsory (20 percent) than in
those where it was not (4 percent).

In theory, biometric identification could help reduce identity fraud, but
there has never been much evidence of large-scale identity fraud in India’s
welfare programs.

The main problem with, say, the main food aid program is that officials and
intermediaries appear to misreport official disbursements and skim off some
of the aid. In a survey of about 2,000 randomly selected households in
eight Indian states that the economist Jean Drèze and I conducted in 2013,
the households collected only 87 percent of their entitlements; the rest of
the resources were misdirected.

There is no evidence that Aadhaar has put a dent in corruption. In our 2017
survey, we found that among households that succeeded in buying grain,
skimming levels were the same — about 7 percent — in villages with or
without the Aadhaar system.

Despite these problems, the administration of Prime Minister Narendra Modi
has expanded the reach of Aadhaar over the past year, requiring it for a
host of public services beyond welfare benefits — such as to register
marriages or file income tax returns.

Worse, the government wants to make it compulsory to link bank accounts and
mobile phone numbers to Aadhaar numbers. Online shopping portals have also
started asking for the ID from Indians simply trying to buy a book or a
pair of shoes.

Some critics have warned that Aadhaar could turn into an instrument of mass
surveillance. At a minimum, it already raises grave concerns about data
security and privacy, neither of which is currently protected under Indian
law. (The Supreme Court affirmed, in a landmark judgment, that privacy was
a fundamental right under the Constitution last year.)

The government has admitted that last year millions of Aadhaar numbers had
been carelessly displayed on more than 200 government websites. Earlier
this month, an investigative reporter for The Tribune newspaper claimed to
have found a way to buy unrestricted access to the details of any Aadhaar
number for just 500 Indian rupees, about $8, from people operating on the
mobile app WhatsApp.

Given the many ways in which the Aadhaar system is broken, at the very
least it should be made voluntary again, and the data of anyone who opts
out should be destroyed.

Aadhaar was supposed to showcase the government’s forward thinking about
efficient administration; it has only exposed the state’s coerciveness. It
was supposed to ease the poor’s access to welfare; it has hurt the
neediest. It was supposed to harness technology in the service of
development; it has made people’s personal data vulnerable. One of the
Indian government’s biggest banner projects has become a glaring example of
all that can go wrong with policy making in this country.

Reetika Khera is a development economist based at the Indian Institute of
Technology, Delhi.

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