Bc Report - Aadhar Card

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INTRODUCTION OF UIDAI (UNIQUE IDENTIFICATION AUTHORITY OF INDIA) The Unique Identification Authority of India (UIDAI) is an agency of the Government of India responsible for implementing the AADHAAR scheme, a unique identification project. It was established in February 2009, and will own and operate the Unique Identification Number database. The authority aims to provide a unique id number to all Indians, but not smart cards. The authority will maintain a database of residents containing biometric and other data. OBJECTIVES The Unique Identification Authority of India (UIDAI) has been created as an attached office under the Planning Commission. Its role is to develop and implement the necessary institutional, technical and legal infrastructure to issue unique identity numbers to Indian residents. MISSION The role that the Authority envisions is to issue a unique identification number (UIDAI) that can be verified and authenticated in an online, cost-effective manner, which is robust enough to eliminate duplicate and fake identities. VISION Prepare and submit this Committee by M/S Wipro Ltd (Consultant for the design phase and program management phase of the Pilot UIDAI project). It envisages the close linkage that the UIDAI would have to the electoral database.

BACKGROUND OF UIDAI Unique identification project was initially conceived by the Planning Commission as an initiative that would provide identification for each resident across the country and would be used primarily as the basis for efficient delivery of welfare services. It would also act as a tool for effective monitoring of various programs and schemes of the Government. The concept of a unique identification was first discussed and worked upon since 2006 when administrative approval for the project –"Unique ID for Below Poverty Line (BPL) families" was given on 03 March 2006 by the Department of Information Technology, Ministry of Communications and Information Technology. This project was to be implemented by the National Informatics Centre (NIC) over a period of 12 months. At the same time, the Registrar General of India was engaged in the creation of the National Population Register and issuance of Multi-purpose National Identity Cards to citizens of India. Therefore, it was decided, with the approval of the Prime Minister, to constitute an empowered group of Ministers (EGoM) to collate the two schemes – the National Population Register under the Citizenship Act, 1955 and the Unique Identification Number project of the Department of Information Technology. 27 November 2007 It recognised the need for creating an identity related resident database, regardless of whether the database is created based on a de-novo collection of individual data or is based on already existing data such as the voter list, there is a crucial and imperative need to

identify and establish an institutional mechanism that will "own" the database and will be responsible for its maintenance and updating on an ongoing basis post its creation. 28 January 2008 It decided on the strategy for the collation of NPR and UIDAI. Inter-alia, the proposal to establish UIDAI Authority under the Planning Commission was approved. 07 August 2008 The Planning Commission had placed before the EGoM a detailed proposal for setting up UIDAI. The meeting decided that certain issues raised by the members with relation to the UIDAI (would need to be examined by an official level committee. It referred the matter to a Committee of Secretaries to examine and give its recommendations to the EGoM to facilitate a final decision. 04 November 2008

1. Initially the UIDAI may be notified as an executive authority and investing it with
statutory authority could be taken up for consideration later at an appropriate time.

2. UIDAI may limit its activities to creation of the initial database from the electoral
roll/EPIC data. UIDAI may however additionally issue instructions to agencies that undertake creation of databases to ensure standardization of data elements. UIDAI will take its own decision as to how to build the database. UIDAI would be anchored in the Planning Commission for five years after which a view would be taken as to where the UIDAI would be located within Government. Constitution of the UIDAI with a core team of 10 personnel at the central level and directed the Planning Commission to separately place a detailed proposal with the complete structure, rest of staff and organizational structure of UIDAI before the Cabinet Secretary for his consideration prior to seeking approval under normal procedure through the DoE/CCEA. Approval to the constitution of the State UIDAI Authorities simultaneously with the Central UIDAI with a core team of 3 personnel. December 2009 was given as the target date for UIDAI to be made available for usage by an initial set of authorized users. Prior to seeking approval for the complete organizational structure and full component of staff through DoE and CCEA as per existing procedure, the Cabinet Secretary should convene a meeting to finalize the detailed organizational structure, staff and other requirements.

3. 4. 5.

6. 7. 8.

22 January 2009

a) The notification for constitution of the UIDAI should be issued immediately. b) A High Level Advisory, Monitoring and Review Committee headed by Deputy
Chairman, Planning Commission to be constituted to oversee the work of the authority.

c) A Member, Planning Commission or the Secretary, Planning Commission may also
be assigned the task of looking after the work proposed for the Chief UIDAI Commissioner. d) Core Team to be put in place.

Relevance with current scenario Advantages 1. One AADHAAR = 1 beneficiary Aadhaar is a unique number, and no resident can have a duplicate number since it is linked to their individual biometrics; thereby identifying fake and ghost identities which result in leakages today. 2. Portability: Aadhaar is a universal number, and agencies and services can contact the central Unique identification database from anywhere in the country to confirm a beneficiary‟s identity. 3. Inclusion of those without any existing identity documents: A problem in reaching benefits to poor and marginalized residents is that they often lack the identification documents they need to receive State benefits; the „Introducer„ system which has been approved for data verification for the UIDAI will enable such residents to establish an identity. 4. Electronic benefit transfers The UID-enabled-Bank-Account network will offer a secure and low cost platform to directly remit benefits to residents without the heavy costs associated today with benefit distribution. 5. Aadhaar-based authentication to confirm entitlement delivered to the beneficiary: The UIDAI will offer online authentication services for agencies who wish to validate a resident‟s identity; this service will enable confirmation of the entitlement actually reaching the intended beneficiary. 6. Self-service puts residents in control: Using Aadhaar as an authentication mechanism, residents should be able to access up-todate information about their entitlements, demand services and redress their grievances

directly from their mobile phone, kiosks or other means. In the case of self-service on the resident‟s mobile, security is assured using two-factor authentication. PROBLEMS IN UID/UIDAI 1. Legal Framework: The UIDAI would be set up under a statutory authority. The UIDAI is in the process of drafting legislation for this purpose. In the absence of a “Constitutionally Sound Legislation” empowering UIDAI to perform the mandated functions, all act and actions of UIDAI would be “Unconstitutional and illegal”. Till now, UIDAI is “Not Legally Constituted”. As a natural consequence, all the acts of UIDAI as well as expenditure incurred by it or for its purpose and on its behalf cannot be “Justified” by any statutory law or Constitutional provision and the same can be challenged through a RTI application as well as in a court of law. 2. Privacy Protection: The first and foremost evil of UID/UIDAI without a proper legal framework is that it would violate the “Right to Privacy” as conferred under Article 21 of the Constitution. In the absence of just and reasonable law(s) to support the same, it would violate the Human Rights and Fundamental Rights of the citizens of India. The interaction of Information and Communication Technology (ICT) with Human Rights is no more a science fiction and India must keep in mind the mandates of Human Rights Protection in Cyberspace while implementing projects that have no legal sanction and backing. 3. Data Protection: The “Data Protection” requirements would pose big challenge before India. The amount of data collected for by UIDAI would be tremendous. Presently, India does not have either a legal framework or technical capabilities to accommodate the demands of the proposed functions of UIDAI. 4. E-Surveillance: In the absence of a constitutionally sound legislation, transparency and accountability. The main aim of the proposed UID Project seems to be to strengthen the “ E-Surveillance Capabilities” of India. With the passage of IT Act 2008 India has now officially become an endemic e-surveillance society. The amendments have provided unregulated, unconstitutional and arbitrary e-surveillance powers to Government of India and its agencies and instrumentalities. The fact is that India has become an E-Police State, as analysed by the ICT Trends of India 2009. This was also one of the main concerns while denying approval to the National Intelligence Grid (NATGRID) Project of India. The “suggestions” of Mr. Praveen Dalal regarding privacy

protection and prevention of potential misuse of information for political ends gathered through NATGRID were accepted by the Cabinet Committee on Security (CCS) of India. In the end, the CCS withheld its nod and asked the Home Ministry to come back after further consultation with all stakeholders. Similar, fate can happen to UID/UIDAI unless it/they come up with constitutionally sound legislation in their favour before starting this much needed project. 5. Cyber Security: Cyber Security in India has never been given a national level priority. As a result we do not have a very robust cyber security infrastructure in India. The UID/UIDAI would collect tremendous “Information and Database” that would be next to impossible to protect in the absence of effective cyber security capabilities of India. Crucial information and data may be stolen by crackers and identity thieves. Till now UID/UIDAI has not shown any progress in this regard. 6. Data Leakage And Breaches: The cyber security and data security nightmare of UID/UIDAI has already started haunting them. The confidential working paper titled "Creating a Unique Identity Number for Every Resident in India" leaked on the Wiki leaks. The leaked document also admitted that the "UID Database will be susceptible to attacks and leaks at various levels". If the confidential documents of the project itself are susceptible to leakages and breaches, we cannot expect “Confidentiality” of the sensitive information and data proposed to be collected by UID/UIDAI. 7. Mutual Disharmony: There is also a mutual disharmony among various authorities dealing with UID/UIDAI. For instance, the Cabinet Secretary KM Chandrasekhar has opposed the use of iris recognition (IR) test as a part of UID project. Claiming the test has a useless expenditure, Chandrasekhar also requested Prime Minister Manmohan Singh to omit it as the third tool for the UID project.

THE UNIQUE IDENTIFICATION WILL INTENSIFY STATE SURVELLIANCE ON INDIANS 1. Effective governance and efficient service delivery Surveillance and data collection are features of nearly every aspect of the public sector. The processing of personal data always been part of public admin and is essential to effective governance and effective service delivery. UIDAI will help address the rigged state elections and widespread embezzlement that affects subsidies and poverty alleviations programs such as NRESA. As much of the poor and underserved population lack identity documents, UID will be their form of identification 2. Data sharing

Useful data can be shared depending upon the technology and information system used. 3. Data mining and profiling Data mining involves the use of mathematically based analytical tool to detect loopholes from lot of data with the purpose of predicting certain traits or attributes such as to calculate average income in an economy. This will help the state to take steps accordingly, so that living standard of people will go up. 4. UID as surveillance technology Surveillance technology is used by government ad private organizations to achieve specific ends such as maintaining public order, anticipating and meeting social needs and responding to market trends and consumer demand.

RELEVANCE OF UIDAI IN THE CURRENT SCENARIO, AND WHY IT IS BENEFICIAL FOR SOCIETY?

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