AADHAAR AND ITS PRIVACY
AADHAAR
Aadhaar (English: foundation or base) is a 12-digit unique identity number that can be obtained voluntarily by residents of India, based on their biometric and demographic data. The data is collected by the Unique Identification Authority of India (UIDAI), a statutory authority established in January 2009 by the government of India, under the jurisdiction of the Ministry of Electronics and Information Technology, following the provisions of the Aadhaar (Targeted Delivery of Financial and other Subsidies, benefits and services) Act, 2016.[1]
Aadhaar is the world's largest biometric ID system. World Bank Chief Economist Paul Romer described Aadhaar as "the most sophisticated ID programme in the world".[4] Considered a proof of residence and not a proof of citizenship, Aadhaar does not itself grant any rights to domicile in India.[5] In June 2017, the Home Ministry clarified that Aadhaar is not a valid identification document for Indians travelling to Nepal and Bhutan.[6]
Prior to the enactment of the Act, the UIDAI had functioned, since 28 January 2009, as an attached office of the Planning Commission (now NITI Aayog). On 3 March 2016 a money bill was introduced in the Parliament to give legislative backing to Aadhaar.[7] On 11 March 2016 the Aadhaar (Targeted Delivery of Financial and other Subsidies, benefits and services) Act, 2016, was passed in the Lok Sabha.[8][9]
Aadhaar is the subject of several rulings by the Supreme Court of India. On 23 September 2013 the Supreme Court issued an interim order saying that "no person should suffer for not getting Aadhaar",[10] adding that the government cannot deny a service to a resident who does not possess Aadhaar, as it is voluntary and not mandatory.[11] The court also limited the scope of the program and reaffirmed the voluntary nature of the identity number in other rulings.[12][13][14][14][15] On 24 August 2017 the Indian Supreme Court delivered a landmark verdict affirming the right to privacy as a fundamental right, overruling previous judgments on the issue.[16][17] A five-judge constitutional bench of the Supreme Court heard various cases relating to the validity of Aadhaar[18] on various grounds including privacy, surveillance, and exclusion from welfare benefits.[19] On 9 January 2017 the five-judge Constitution bench of the Supreme Court of India reserved its judgement on the interim relief sought by petitions to extend the deadline making Aadhaar mandatory for everything from bank accounts to mobile services. The final hearing began on 17 January 2018.[20] In September 2018, the top court upheld the validity of the Aadhaar system.[21] In the September 2018 judgment, the Supreme Court nevertheless stipulated that the Aadhaar card is not mandatory for opening bank accounts, getting a mobile number, or being admitted to a school.[22][23] Some civil liberty groups such as the Citizens Forum for Civil Liberties and the Indian Social Action Forum (INSAF) have also opposed the project over privacy concerns.[24][25][26]
Despite the validity of Aadhaar being challenged in the court,[27][28] the central government has pushed citizens to link their Aadhaar numbers with a host of services, including mobile sim cards, bank accounts, the Employees' Provident Fund Organisation, and a large number of welfare schemes including but not limited to the Mahatma Gandhi National Rural Employment Guarantee Act, the Public Distribution System, and old age pensions.[29] Recent reports suggest that HIV patients have been forced to discontinue treatment for fear of identity breach as access to the treatment has become contingent on producing Aadhaar.[30]
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Unique Identification Authority
The Unique Identification Authority of India (UIDAI) is a statutory authority and a government department, established on 12 July 2016 by the Government of India under the jurisdiction of the Ministry of Electronics and Information Technology, following the provisions of the Aadhaar Act 2016.[1]
The UIDAI is mandated to assign a 12-digit unique identification (UID) number (termed "Aadhaar") to all the residents of India. The implementation of the UID scheme entails generation and assignment of UIDs to residents; defining mechanisms and processes for interlinking UIDs with partner databases; operation and management of all stages of the UID life cycle; framing policies and procedures for updating mechanism and defining usage and applicability of UIDs for delivery of various services, among others.[31] The number is linked to the resident's basic demographic and biometric information such as a photograph, ten fingerprints and two iris scans, which are stored in a centralized database.[32]
The UIDAI was initially set up by the Government of India in January 2009, as an attached office under the aegis of the Planning Commission via a notification in the Gazette of India.[31] According to the notification, the UIDAI was given the responsibility to lay down plans and policies to implement the UID scheme, to own and operate the UID database, and to be responsible for its updating and maintenance on an ongoing basis.
The UIDAI data centre is located at the Industrial Model Township (IMT), Manesar,[33] which was inaugurated by the then Chief minister of Haryana Bhupinder Singh Hooda on 7 January 2013.[34] Aadhaar data is kept in about 7,000 servers in Bengaluru and Manesar.[35]
Starting with the issuing of the first UID in September 2010, the UIDAI has been aiming to issue an Aadhaar number to all the residents ensuring that it is robust enough to eliminate duplicate and fake identities, and that the number can be verified and authenticated in an easy and cost-effective way online anywhere, anytime.[36] In a notification dated 16 December 2010 the Government of India indicated that it would recognise a letter issued by the UIDAI containing details of name, address, and Aadhaar number, as an official, valid document.[37] Aadhaar is not intended to replace any existing identity cards, nor does it constitute proof of citizenship.[38] Aadhaar neither confers citizenship nor guarantees rights, benefits, or entitlements. Aadhaar is a random number that never starts with a 0 or 1, and is not loaded with profiling or intelligence that would make it insusceptible to fraud or theft, and thus provides a measure of privacy in this regard. The unique ID also qualifies as a valid ID while availing various government services such as a LPG connection, a subsidised ration, kerosene from the PDS, or benefits under NSAP or pension schemes, e-sign, a digital locker,[39] a Universal Account Number (UAN) under EPFO,[40] and some other services such as a SIM card or opening a bank account.[41][42] According to the UIDAI website, any Aadhaar holder or service provider can verify the genuineness of an Aadhaar number through a user-friendly service of UIDAI called the Aadhaar Verification Service (AVS), which is available on its website.[43][44] Also, a resident already enrolled under the National Population Register is not required to enrol again for Aadhaar.[45]
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Privacy Policy
UIDAI Website does not automatically capture any specific personal information from you, (like name, phone number or e-mail address), that allows us to identify you individually.
This website records your visit and logs the following information for statistical purposes, such as Internet protocol (IP) addresses, domain name, server's address; name of the top-level domain from which you access the Internet (for example, .gov, .com, .in, etc.), browser type, operating system, the date and time of the visit, the pages you have accessed, the documents downloaded and the previous Internet address from which you linked directly to the site. We make no attempt to link these addresses with the identity of individuals visiting our site unless an attempt to damage the site has been detected. We will not identify users or their browsing activities, except when a law enforcement agency may exercise a warrant to inspect the service provider's logs.
If the UIDAI Website requests you to provide personal information, you will be informed for the particular purposes for which the information is gathered and adequate security measures will be taken to protect your personal information. UIDAI does not sell or share any personally identifiable information volunteered on the UIDAI Website to any third party (public/private). Any information provided to this website will be protected from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Cookies
A cookie is a piece of software code that an Internet website sends to your browser when you access information in that site. This site does not use cookies.
E-mail Management
Your e-mail address will only be recorded if you choose to send a message. It will only be used for the purpose for which you have provided it and will not be added to a mailing list. Your e-mail address will not be used for any other purpose, and will not be disclosed without your consent.
Collection of Personal Information
If you are asked for any other Personal Information you will be informed how it will be used if you choose to give it. If at any time you believe the principles referred to in this privacy statement have not been followed, or have any other comments on these principles, please notify the Web Information Manager by sending email to webadmin-uidai@nic.in.
Note: The use of the term "Personal Information" in this privacy statement refers to any information from which your identity is apparent or can be reasonably ascertained.
Reasonable Security Practices
Reasonable security measures such as administrative, technical, operational and physical controls have been implemented to ensure the security of personal information, if collected.
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