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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     01 July 2010

NO PRIVACY ROADBLOCK

The Unique Identification Authority of India (UIDAI) seeks to create the largest biometric database in the world, with information about over 1.1 billion people. A draft of the National Identity Authority of India Bill, 2010, outlining UIDAI's objectives and methodology has been posted on its Web site for public comment and debate. The 19-page draft legislation, of which only one page is devoted to discussing the 'protection of information', has become the newest issue of contention. While the chapter lists the rights of the card holders on access to and altering the information provided, on protection it says only that "the authority shall ensure the security and confidentiality of the identity information of individuals", except in instances of national security and the data collated will be secured "against any loss or unauthorised access". Furthermore, the Bill mandates punishments ranging from a fine of Rs 10,000 and up to three years in prison for individual misdemeanour to a Rs 1 crore fine in addition to three years' imprisonment for unauthorised access to the central database. That seems reasonable deterrence against misuse. But the larger issue of privacy—the collection, storage and management of the vast amounts of private data and their usage—is the one issue that stirs a debate about Aadhaar. The biggest fear, in the minds of individuals and civil rights organisations opposing the project, is the data protection effort by UIDAI, given the vulnerability of the system to attacks by miners. The fear about information theft in this instance is that while stolen phone numbers and credit cards can be changed, biometric data is unique and, thus, irreplaceable. Detractors argue that technology is not infallible and there is much room for misuse. To allay fears and exclusively address the issue of privacy, the project requires a piece of over-arching data protection legislation that will safeguard individual rights, already under consideration by the Union government. The UID project must receive all the necessary legislative support, given its gamechanging potential in the quest for inclusive growth. feedit@expressindia.com


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