Aadhaar(Target Delivery of Financial and other subsidies, Benefits and Services) Bill, 2016

What?	Statutory backing for transferring government subsidies and benefits and also lay down a regulatory framework to protect core biometric information of AADHAAR card holder from any unauthorised  disclosure or sharing Individual privacy Public service delivery Subsidy rationalisation Data Security
Aadhaar	A unique identification by 12 digit number and based on demographic and biometric information
Features	Entitlements Every resident is entitled to obtain Aadhaar (person resided for more than 182 days in one year) Institutional Establishing UIDAI (Unified Identification Authority of India) Establishment, operation and maintenance of Central Identity Data Repository It will not confer right of or proof of citizenship of domicile Data Security Data will be collected and protected at very high level Biometric will be used only for enrolment and authentication
Earlier efforts	National Identification Authority of India bill 2010
Pros	Subsidy rationalisation Control the leakages Better targeting Privacy protection regime in the country will be initiated To bypass SC order to make it mandatory for the schemes like DBT Efficient, targeted and transparent delivery of subsidies, benefits and services
Cons	Right to Privacy Should it not be overseen by an Independent Judicial Authority Section 5 and 57 enable to impose Aadhaar identification in virtually any context Infringement of democracy and civil liberties Mass surveillance per se is an Freedom of Speech and expression : Even mere existence of a mass surveillance , stifle the dissent Building an infrastructure of social control Money bill Pre-empting any serious discussion of these issue Against the spirit of cooperative federalism Section(33) Data can used for the purpose of national security authorised by JS or Court Depended on the benevolence of government Inefficiencies of district judges limited safeguard: internal procedural safeguards   without independent external monitoring are inadequate for the protection of rights Solution Replace national security with public safety and public emergency Inclusion or CVC or CAG in the committee Making Aadhaar optional
Challenges	Misuses AADHAR card by migrants Data can used by corporates to harness unethical gain Security Data protection Weak Cyber security structure Operational Authentication failures Interoperability if other platforms are used Delays Not all can have biometric Infrastructural Reliable Connectivity problem Literacy Example : PDS in Rajasthan and Ranchi
Amendment proposed
Alternative solution	From UID to UID+ Rather than single UID use of  different unique numbers linked to AADHAAR number Example in MGNERGA instead of using 12 digit number, each authorised user of the system like Bank would get a modified number that is cryptographically generated. Benefits Corporate or other users could not create a linked database for profiling Privacy concern also solved as cryptographic process could be restricted to authorised user
Way ahead	Given the risk the core principle should be 'minimum use ' and 'maximum safeguards' Justice A P Shah Committee : Privacy law Independent Judicial Control Grievance redressal mechanism National Security Replace national security with public safety and public emergency CVG and Cag could be included in the review committee
Conclusion	We must ensure that UID database is not used in a manner that can hurt the citizen either accidently or by mission creep with unintended consequences Biometric determination of identity will not be panacea as eligibility will still be governed by the criteria like income, etc.

Aadhar

Biometric information Only core biometric information is not shared Identity information includes biometric information CIDR is the repsonsible for storage and protection of the data Sharing of information is allowed now National security ground can be expolited Personal Information includes identity information also Here the problem start by making it manadatory for varous servics like travel, bank,  Government knows everything about an individual Big Data is becoming the toll for vilation of R to Privacy Way forward Need to reconsider the fundamentals of the Aadhaar

UIDAI
Composition	A Chairperson Two part time member One CEO
Function	Collection of biometric and demographic Assigning Aadhaar Authentication Aadhaar Specifying Uses of Aadhaar
Stand	Encrypted Data Some data need to be protected IT Act Aadhaar Act Any unauthorised use is criminal offecnce If some violation Police Court First information and then sanction of UIADI Currently one can easily open the account Cannot be tempered with (Privacy, mass surveillance) WB if Aadhaar is used 11 bn US dollar every year

Aadhar	Technological security Legislative security Process security
	Aadhar Could be made basis of all other ID
	Full proof ID so no misuse Empowerment Service delivery Good governance
	Privacy Mass surveillance  corporate Profiling

Supreme Court

Cannot be made mandatory for welfare schemes

Government decision	PAN card has to be verified by Aadhaar All mobile has to be verified by Aadhaar

Don’t blame only Aadhaar for violation of Privacy

Need of comprehensive Privacy law

Privacy
For	Against	Balanced
Mass surveillance Misuse  Use smart card	Biometrics essential for unique identification Random number of Aadhaar No search and no download Individual required for authentication and transaction No information can be published One can lock the Aadhaar also	But more stringent norms on data privacy A comprehensive privacy laws is necessary as economy moving towards digitally Corruption, Fraud , transaction cost We already giving various data online

Smart Card requires Pin for use and verification	Requires active participation Data can be deleted Finger prints of dead person can be taken Can be easily destroyed
	KYC norms should not be there Token issued by UIADAI One time password will be generated to authenticates Aadhaar poorly designed

Timeline
2015	Constitutional Bench : to decide the right to privacy and making Mandatory Aadhaar
2016	Adhaar Act
2017	Centre started using various scheme
	Non welfare scheme can be made mandatory 2 year down the line , no decision taken yet It will be fait accompali till the time decision is made Delay is going towards the centre K M Munsi : decision of FRs should be decided earliest
	Priortised the Aadhaar card issue