"All that is necessary for the triumph of evil is for good men to do nothing".
Edmund Burke
"Among a people generally corrupt liberty cannot long exist".
Edmund Burke
“In matters of conscience, the law of the majority has no place.”
Mahatma Gandhi

"Democracy was the greatest gift of our freedom struggle to the people of India. Independence made the nation free. Democracy made our people free. A free people are a people who are governed by their will and ruled with their consent. A free people are a people who participate in decisions affecting their lives and their destinies".
Rajiv Gandhi
Hi-tech without Panchayati Raj is just a bogus stunt for geeks and nerds."
Mani Shankar Aiyar, Congress leader

Wednesday, December 1, 2010

MEDIAVIGIL


Friday, December 3, 2010

911 - Fear of UID Number's Central Identities Data Repository (CIDR)-Media Vigil

Aadhaar Article No 911:

Mediavigil believes that without democratisation of communication and the right to communicate, the freedom of expression is meaningless.It attempts to take note of environment and public health issues where governments and corporations provide sanitised information. It also keeps track of ecology and health issues. To know more about it, visit :www.toxicswatch.com, toxicswatch.blogspot.com, banasbestosindia.blogspot.com

Thursday, December 02, 2010

Fear of UID Number’s Central Identities Data Repository (CIDR) being Wikileaked

Notes from Nilekani’s Lecture on UID/Aadhaar

Fear of UID Number’s Central Identities Data Repository (CIDR) being Wikileaked

At the annual Rajinder Mathur Memorial Lecture, Nandan Nilekani, Chairperson, Unique Identification Authority of India (UIDAI) at the India International Centre Annexe Auditorium, New Delhi on December 2, spoke on Unique Identification Number: "Aadhaar – Its role in inclusion and public service delivery transformation". (Pictures attached)



The talk was followed by a question and answer session. Nilekani faced questions on issues ranging from privacy concerns, misplaced claims about benefits to migrant workers, food security and NREGA. There was no convincing answer about the estimated total budget for UIDAI. He kept referring to the budget of the first phase which is Rs 3,000 crore.

Questions were raised about UID Number compromising national security similar to what Wikileaks has done. Nilekani said, it is for the government to combat such threats. It is being done through a proposed legal framework that is being envisaged to safeguard the privacy of the resident’s data and also take care of the security requirements of the country. 
 
Interestingly, he said, laws to curb the theft and misuse of personal data need to be put in place but only after the UID Number scheme is implemented. The talk happened in the backdrop of the proposed UID Bill scheduled to be introduced in Parliament this week. The National Identification Authority of India Bill, 2010 shows that this is what is exactly happening.



Amidst massive opposition, Nilekani claimed that there no mass movement to oppose the UID Number scheme. The students present raised grave concerns about the signing of a Memorandum of Understanding between the Ministry of Human Resource Development and the UIDAI which is meant to create a system to track students through an electronic register besides the Central Identities Data Repository (CIDR), right from the primary level through secondary and higher education and imprinting of the UID number on the performance records of students, including mark-sheets, merit certificates and migration certificates.

As the debate on the UID grows, more and more groups of concerned citizens, former judges, jurists, parliamentarians and policy makers have expressed their worries over the world’s largest data management project. Even moderator of the Memorial Lecture, Rajdeep Sardesai, Editor-in-Chief CNN-IBN expressed his concern about privacy over leaked tapes between journalists, political leaders, bureaucrats and the big corporate groups. The question about the share holding pattern of the UIDAI officials, including Nilekani and conflict of interest emerging from it did not get any convincing response. 



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MEDIAVIGIL

Mediavigil believes that without democratisation of communication and the right to communicate, the freedom of expression is meaningless.It attempts to take note of environment and public health issues where governments and corporations provide sanitised information. It also keeps track of ecology and health issues. To know more about it, visit :www.toxicswatch.com, toxicswatch.blogspot.com, banasbestosindia.blogspot.com

Tuesday, September 28, 2010

Eminent Personalities Against `unique identity number’ (UID Number)

STATEMENT

The project that proposes to give every resident a `unique identity number’ is a matter of great concern for those working on issues of food security, NREGA, migration, technology, decentralisation, constitutionalism, civil liberties and human rights. The process of setting up the Authority has resulted in very little, if any, discussion about this project and its effects and fallout. The documents on the UIDAI website, and a recent draft law (the National Identification Authority Bill, which is also on the website) do not provide answers to the many questions that are being raised in the public domain. This project is intended to collect demographic data about all residents in the country. It is said that it will impact on the PDS and NREGA programmes, and plug leakages and save the government large sums of money. It would, however, seem that even basic procedures have not been followed before launching on such a massive project.

Before it goes any further, we consider it imperative that the following be done:
• Do a feasibility study: There are claims made in relation to the project, about what it can do for PDS and NREGA, for instance, which does not reflect any understanding of the situation of the situation on the ground. The project documents do not say what other effects the project may have, including its potential to be intrusive and violative of privacy, who may handle the data (there will be multiple persons involved in entering, maintaining and using the data), who may be able to have access to the data and similar other questions.
• Do a cost:benefit analysis: It is reported that the UIDAI estimates the project will costs Rs 45,000 crores to the exchequer in the next 4 years. This does not seem to include the costs that will be incurred by Registrars, Enrollers, internal systems costs that the PDs system will have to budget if it is to be able to use the UID, the estimated cost to the end user and to the number holder.
• In a system such as this, a mere statement that the UIDAI will deal with the security of the data is obviously insufficient. How does the UIDAI propose to deal with data theft? If this security cannot be reasonably guaranteed, the wisdom of holding such data in a central registry may need to be reviewed.
• The involvement of firms such as Ernst & Young and Accenture raise further questions about who will have access to the data, and what that means to the people of India.
• Constitutionality of this project, including in the matter of privacy, the relationship between the state and the people, security and other fundamental rights.
Questions have been raised which have not been addressed so far, including those about –
• Undemocratic process: UIDAI was set-up via a GoI notification as an attached office of the Planning Commission without any discussion or debate in the Parliament or civil society. In the year and a half of its inception, the Authority has signed MoUs with virtually all states and UTs, LIC, Petroleum Ministry and many banks. In July, the Authority circulated the draft NIA Bill (to achieve statutory status); the window for public feedback was two weeks. Despite widespread feedback and calls for making all feedback public, the Authority has not made feedback available. Further in direct contravention to the process of public feedback, the NIA Bill was listed for introduction in the Lok Sabha 2010 monsoon session
• Privacy (It is only now that the DoPT is said to be working on a draft of a privacy law, but nothing is out for discussion even yet)
• Surveillance: where this technology, and the existence of the UID number, and its working, could result in increasing the potential for surveillance
• Profiling
• Tracking
• Convergence, by which those with access to state power, as well as companies, could collate information about each individual with the help of the UID number.
National IDs have been abandoned in the US, Australia and the newly-elected British government. The reasons have predominantly been: costs and privacy. If it is too expensive for the US with a population of 308 million, and the UK with 61 million people, and Australia with 21 million people, it is being asked why India thinks it can prioritise its spending in this direction. In the UK, the Home Secretary explained that they were abandoning the project because it would otherwise be `intrusive bullying’ by the state, and that the government intended to be the `servant’ of the people, and not their `master’. Is there a lesson in it for us? In the late nineties, the Supreme Court of Philippines struck down the President’s Executive Order A.O 308 which instituted a biometric based national ID system calling it unconstitutional on two grounds – the overreach of the executive over the legislative powers of the congress and invasion of privacy. The same is applicable in India – UIDAI has been constituted on the basis of a GoI notification and there is a fundamental risk to civil liberties with the convergence of UID, NATGRID etc.
The UIDAI is still at the stage of conducting pilot studies. The biometric pilot study has reportedly already thrown up problems especially among the poor whose fingerprints are not stable, and whose iris scans suffer from malnourishment related cataract and among whom the incidence of corneal scars is often found. The project is clearly still in its inception. The project should be halted before it goes any further and the prelude to the project be attended to, the public informed and consulted, and the wisdom of the project determined. The Draft Bill too needs to be publicly debated. This is a project that could change the status of the people in this country, with effects on our security and constitutional rights, and a consideration of all aspects of the project should be undertaken with this in mind.

We, therefore, ask that:
• The project be halted
• A feasibility study be done covering all aspects of this issue
• Experts be tasked with studying its constitutionality
• The law on privacy be urgently worked on (this will affect matters way beyond the UID project)
• A cost : benefit analysis be done
• A public, informed debate be conducted before any such major change be brought in.


List of signatories of a statement on the UID
Justice VR Krishna Iyer, Retired Judge, Supreme Court of India
Prof Romila Thapar, Historian
K.G.Kannabiran, Senior Civil Liberties Lawyer
Kavita Srivastava, PUCL and Right to Food Campaign
Aruna Roy, MKKS, Rajasthan
Nikhil Dey, MKKS, Rajasthan
S.R.Sankaran, Retired Secretary, Government of India
Deep Joshi, Independent Consultant
Upendra Baxi, Jurist and ex-Vice Chancellor of Universities of Surat and Delhi
Uma Chakravarthi, Historian
Shohini Ghosh, Teacher and Film Maker
Amar Kanwar, Film Maker
Bezwada Wilson, Safai Karamchari Andolan
Trilochan Sastry, IIMB, and Association for Democratic Reforms
Prof. Jagdish Chhokar, ex- IIMA, and Association for Democratic Rights
Shabnam Hashmi, ANHAD
Justice A.P.Shah, Retired Chief Justice of High Court of Delhi

Posted by Gopal Krishna at 6:27 AM