[THE Unique Identification Authority of India (UIDAI) wishes to add more
safety features to Aadhaar from March 1. By then, the Supreme Court will
either be hearing or would have completed the hearing in the Aadhaar case.
Ahead of the hearing of the Aadhaar case by the Constitution Bench, the
UIDAI had issued two circulars on the subject of implementation of face
authentication and limited KYC for enhancing privacy of UID/Aadhaar
holders.
Both the circulars were issued after it was established beyond any
reasonable doubt that Aadhaar, “the permanent ID for life”, has been
compromised. The UIDAI has admitted that “there is need to provide a
mechanism to ensure its continued use by the Aadhaar number holder while
optimally protecting the collection and storage of Aadhaar number itself in
many databases”. The fact is that its sub-optimal performance has become
part of folklore by now.
That both the circulars were issued almost nine years after the
establishment of the UIDAI amounts to a confession about security of the
Central Identities Data Repository (CIDR).]

http://www.tribuneindia.com/news/comment/uidai-s-post-dated-cheque/531120.html

Posted at: Jan 20, 2018, 12:42 AM; last updated: Jan 20, 2018, 2:33 AM (IST)

UIDAI’s post-dated cheque

Gopal Krishna

Addition of new Aadhaar safety features is admission that it may have erred

UIDAI’s post-dated cheque
ENCORE: After nine years of Aadhaar’s existence, the UIDAI seeks to
introduce ‘VID’.
Gopal Krishna


THE Unique Identification Authority of India (UIDAI)  wishes to add more
safety features to Aadhaar from March 1. By then,  the Supreme Court will
either be hearing or would have completed the hearing in the Aadhaar case.
Ahead of the hearing of the Aadhaar case by the Constitution Bench, the
UIDAI had issued two circulars on the subject of implementation of face
authentication and limited KYC for enhancing privacy of UID/Aadhaar
holders.

Both the circulars were issued after it was established beyond any
reasonable doubt that Aadhaar, “the permanent ID for life”, has been
compromised. The UIDAI has admitted that “there is need to provide a
mechanism to ensure its continued use by the Aadhaar number holder while
optimally protecting the collection and storage of Aadhaar number itself in
many databases”. The fact is that its sub-optimal performance has become
part of folklore by now.

That both the circulars were issued almost nine years after the
establishment of the UIDAI amounts to a confession about security of the
Central Identities Data Repository (CIDR).
The penultimate paragraph of the circular on the implementation of face
authentication states that the UIDAI will release necessary application
programming interfaces from March 1. All Authenticated User Agencies
(AUAs)/e-KYC User Agencies (KUAs) are required to make the necessary
changes in their authentication system for use of Virtual ID, UID Token and
Limited KYC so as to start using it from March 1. By June 1, all AUAS/KUAs
are required to fully migrate to the new system, failing which their
authentication services may be discontinued and financial disincentives may
be imposed.
The circular makes a reference to “Virtual ID” (VID) of 16 digits, which
can be used as a substitute for the UID/Aadhaar number. The fact remains
that UID/Aadhaar is also a 16-digit number like the VID, but in case of the
former, four digits are hidden from public view. The Parliamentary Standing
Committee on Finance found that the UIDAI did not go for any comparison
with the pre-existing identification systems in India, like the well
prevalent 10-digit voter ID (VID) number. Instead of burdening Indians with
one more VID, it makes eminent sense to undertake a comparison between
UID/Aadhaar and the old VID (voter ID) that gives legitimacy to all elected
legislators and governments.

It is apparent that all these changes are proposed to happen either through
the hearing or after the hearing in the UID/Aadhaar case. The issuance of
this circular ahead of the upcoming hearing is akin to the issuance of a
post-dated cheque aimed at persuading the court that the UIDAI may have
erred in claiming the CIDR to be safe and secure in the past; but now it
proposes to do some damage control. This step is just a hollow
post-disaster activity, wherein it wishes to be seen to be doing something
to secure all those Indian residents who are not yet part of the CIDR
database of 119 crore people.

The signatory to both the circulars was Assistant Director General under
Finance and Authentication and Updation Process Division, when Nandan
Nilekani was the UIDAI Chairman. In this role, he used a private email
which is still available on the blog of the UIDAI. Someone entrusted with
personal sensitive information of present and future generation of India
should have abstained from using a private email. The controversy
surrounding the use of private email account by Hillary Clinton as “a
matter of a convenience” disregarding the advice of technology experts is
salutary. In fact, US’ Cyber Intelligence Sharing and Protection Act
permits the exchange of electronic information between Internet Service
Providers and the US government.

The last paragraph of the January 10 circular refers to Regulation 14 (n)
and 17 (g) of Aadhaar (Authentication) Regulations, 2016. The relevant
provisions have made compliance with contractual terms issued by the UIDAI
mandatory as part of obligation on the part of requesting authorities in
relation to the use of identity information.

But the factual position is that transnational companies like L-1 Identity
Solutions Operating Company of Safran Group, Accenture Services, Ernst &
Young and others can keep the data of Indian residents for at least seven
years “as per Retention Policy of Government of India or any other policy
that UIDAI may adopt in future”. These agreements are part of efforts by
the UIDAI to implement UID/Aadhaar number scheme and related schemes. Thus,
it is quite clear that these regulations framed under the Aadhaar Act are
subservient to the contractual agreements, whereby law has been made
subordinate to commercial contracts with impunity.

These circulars are aimed at diverting the attention of the judges whose
pronouncement can undermine the UID/Aadhaar project. It is apparent that
the circulars of January 10, January 15 and the office memorandum of July
31, 2017, that set up an expert committee on data protection are part of
the efforts to influence the proceedings in the court. Such efforts failed
in the right to privacy case, this endeavour too is likely to meet the same
fate.

The writer is convener of Citizens Forum for Civil Liberties and editor of
www.toxicswatch. org

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