Dear all,
Last November I had sent out an email alert about the proposed National Identification Authority of India Bill (NIAI Bill). Readers may wish to refresh their memory by accessing this email alert at: http://www.humanrightsinitiative.org/programs/ai/rti/india/national/2009/email_alerts/india's_uid_related_bill_designed_to_trump_the_rti_act_on_transparency_nov_26_2010.pdf
The main point of that email alert was to caution readers about the manner in which the NIAI Bill sought to trump the Right to Information Act, 2005 (RTI Act) in terms of giving access to information about people. The Bill was subsequently introduced in the Rajya Sabha (Upper House of Parliament) on 3rd December, 2010. According to the financial memorandum attached to the Bill, an expenditure of Rs. 3,023 crores (USD 680 million approx) may be incurred in the second phase of the scheme. An expenditure of about Rs. 147 crores (USD 33 million) has already been incurred during the first phase. A recurring expenditure of Rs. 477 crores (USD 107 million) may be required to keep it running.
The text of the Bill is accessible on the Rajya Sabha website at:http://164.100.24.219/BillsTexts/RSBillTexts/asintroduced/national%20ident.pdf
PRS India has uploaded a summary of the Bill on its website at: http://www.prsindia.org/uploads/media/National%20Identification%20Authority%20Bill%20Summary.pdf
This Bill has been referred to the Parliamentary Standing Committee on Finance for detailed consideration. No notices have been issued inviting people's comments on the contents of this Bill.
I am sending this email out to readers expressing three concerns:
1. Will Aadhaar numbers be voluntary or mandatory?
2. Will Aadhaar database be accessible to intelligence agencies?
3. Need for a law on data protection and privacy.
1. Will Aadhaar numbers be voluntary or mandatory?
UID and the Aadhaar numbers: According to the NIAI Bill identity information about individuals that will be collected by the NIA has two parts demographic and biometric information. What kinds of biometric information will be collected is left to the NIA to specify in the regulations. This may include a range of data such as thumb and palm prints, iris recognition, DNA data and other similar means of identifying individuals that may be developed by science in future. Demographic information includes- name, age, gender and address of an individual. Demographic information will be collected from the photo electoral rolls initially. But even children could apply for this number and card.
The NIAI Bill seeks to establish the National Identification Authority (NIA) for the purpose of spearheading the exercise of giving Aadhaar numbers (unique identification numbers for every 'usual resident') and identity cards to individuals residing in India using this database. This project has already started udner the aegis of the Unique Identification Authority of India (UIDAI). According to the Bill Aadhaar numbers and identity cards would be issued to people on a voluntary basis upon receiving payment. I had expressed doubts about whether this will truly be voluntary if the Aadhaar number is made the basis for people, especially the impoverished, to access benefits under various welfare schemes and development programmes. Prof. Jean Dreze had written publicly expressing serious concerns about this mammoth project.
His article is accessible at: http://www.hindu.com/2010/11/25/stories/2010112563151300.htm
The National Population Register: The latest Annual report of the Ministry of Home Affairs strengthens the suspicion that Aadhaar may be made mandatory. Please check the section on the National Population Register (NPR) at page 260 of the Report (extract attached).
The complete text of the Report is accessible at: http://mha.nic.in/pdfs/AR(E)1011.pdf
The Registrar General and Census Commissioner of India has been empowered to create a National Population Register (NPR) of all individuals who are usual residents above the age of five years. According to the Report April 2011 onwards, in addition to adults, kids above the age of five will be required to give their photographs, iris information and ten finger prints (what if they have 11 or 12 digits like some popular figures we know of? Which 10 will be counted?) A consortium of Central Public Sector Undertakings and the Department of Information Technology will be responsible for collecting this data. The exercise of collecting photographs and biometrics may have begun in April 2011 according to this Report. After making public this database for inviting objections from the public, it will be finalised and handed over to UIDAI or the proposed NIA for de-duplication. After this debugging UIDAI or NIAI will issue Aadhaar numbers to all usual residents above the age of 18. There is no sense of voluntariness in this paragraph. Looks like Aadhaar numbers and id cards may become compulsory for all.
2. Will Aadhaar database be accessible to intelligence agencies?
Even more worrisome is how this data will be protected from misuse. The NIAI Bill is silent on how Aadhaar data will be shared with other agencies. The NIAI Bill contemplates situtations where the identity information of Aadhaar number holders will be shared with agencies engaged in delivery of public benefits and public services. The NIA has the power to make regulations to define these procedures. An officer of Joint Secretary rank and above can authorise disclosure of this data to any person- even without the consent of that individual. An individual - if at all he/she gets to know that information about him/her has been ordered to be shared with some other State agency can appeal this decision only in courts. Even this procedure is not specified in the NIAI Bill.
What neither this Bill nor the MHA's Annual Report tells us is if this database will be linked to the National Intelligence Grid (NATGRID). The Government has set up NATGRID as an attached office of the MHA. 39 staffers have been appointed according to the MHA's Annual Report. Its terms of reference are not available in the public domain. According to the MHA's Annual Report NATGRID has been set up to link databases for constructing actionable intelligence to combat terrorism and internal security threats. According to the Secretary, Ministry of Home Affairs: "NATGRID will enable the security forces to trace patterns and habits across a wide spectrum to meet security needs." For the complete text of the interview please click on: http://inclusion.in/index.phpoption=com_content&view=article&id=602
Will this NPR/Aadhaar database be made available to NATGRID? There is no official word about this on the website of the MHA. Section 4(1)(c) of the RTI Act which requires disclosure of all facts and figures while announcing important policies and decisions that affect the people is being observed in the breach. Under the NIAI Bill the NIA will be the sole authority to determine whether access to Aadhaar information will be granted or not. The Central Information Commission's role will be tested as and when an information request for Aadhaar is made under the RTI Act. According to media reports the Finance Ministry has expessed reservations about linking up banking information to the NATGRID as it would erode the confidence of customers who are assured protection for their privacy under existing banking laws. Again there is no official word about this in the public domain. Makes me wonder if the Government is serious about proactive dislcosure on a day to basis at all beyond the PR exercise it does through the Press Information Bureau.
3. Need for a law on data protection and privacy:
The RTI Act and the NIAI Bill fall under the administrative jurisdiction of the same ministry, namely, the Ministry of Planning and Personnel. NPR falls under the MHA. Last year the Ministry of Personnel floated a discussion paper on the right to privacy and the need for a data protection law. For our email alert and comment on this issue circulated in October 2010 please click on: http://www.humanrightsinitiative.org/programs/ai/rti/india/national/2009/email_alerts/dopt's_approach_paper_on_a_privacy_law_for_india_oct_21_2010.pdf
This paper did not even look at the jurisprudence on the right to privacy developed in the Supreme Court and the High Courts. It focused mainly on the concerns of service providers who are worried about hacking, data theft etc. These are valid concerns no doubt. But what is missing from this debate is the 'PEOPLE' whose data is sought to be protected by this proposed law. We have not heard anything more from the Department in this regard for a long time.
It is high time we demanded more transparency in matters that will affect even our children.
In order to access the our previous email alerts on RTI and related issues please click on: http://www.humanrightsinitiative.org/index.php?option=com_content&view=article&id=65&Itemid=84
You will find the links at the top of this web page. If you do not wish to receive these email alerts please send an email to this address indicating your refusal.
Thanks
Venkatesh Nayak
Programme Coordinator
Access to Information Programme
Commonwealth Human Rights Initiative
B-117, 1st Floor, Sarvodaya Enclave
New Delhi- 110 017
Tel: +91-11-43180215/ 43180200
Fax: +91-11-26864688
Skype: venkatesh.nayak
Website: www.humanrightsinitiative.org
Posts
No comments:
Post a Comment