Aadhaar data leak can influence electoral outcome, threaten democracy: SC


Daijiworld Media Network

New Delhi, Apr 17: The Supreme Court has questioned if the democracy can survive when Aadhaar data leak can influence the electoral outcome of the country.

A five-judge bench comprising of Justice DY Chandrachud, Chief Justice Dipak Misra, Justices AK Sikri, AM Kanwilkar and Ashok Bhushan were hearing petitions regarding the validity of Aadhaar on Tuesday.

“The real apprehension is the data available can influence the electoral outcome of a country. Whether democracy can survive where Aadhaar data is used to influence the electoral outcome. We have seen this happening. What is the nature of safeguards available in the absence of data protection law? You must understand that the problems are not symptomatic but real,” told Justice DY Chandrachud to senior counsel Rakesh Diwedi, appearing for Unique Identity Authority of India and Gujarat government.

Diwedi justified stating that collection of data under Aadhaar is not an atomic bomb. Authentication is an algorithm which is one to one and there is no question of sharing of information with anyone. He said the moment the data collected by requesting entities for authentication is submitted, it is encrypted and there is no possibility of leakage.

“Technology is advancing and we have limitations of understanding the technological developments,” Diwedi said.

Justice DY Chandrachud responded “merely because of limitations of knowledge we can’t have a blinkered view of reality; because we are going to lay down a law which will affect the future generation.”

Diwedi’s submission that not a single person has approached to court for being denied benefits due to authentication failure was termed “being philosophical” and Justice Chandrachud said, “It is not that every person should come to court. You must have an administrative mechanism by which benefit is not denied to anyone for authentication failure.”

“One area of concern is the potential interface of the data which is available outside the world. There is a big entity which is controlling the data now,” observed Justice Chandrachud to which Diwedi assured the court that the data is protected and safe from leakage.

Individuals are being numbered with Aadhaar, similar to what Hitler had done, submitted the petitioners. But, Diwedi countered saying that it is not numbering the individuals but ‘being identified’ by means of a number.

He added that Aadhaar ensures that real beneficiaries are not deprived of benefits and frauds are kept at bay.

Diwedi submitted that Aadhaar is a ‘revolutionary concept’ and ‘not a panacea for all ills’. It is a ‘starting point and not the end point,’ he said.

Justice Chandrachud countered “the problem is when (authentication) technology is deterministic it can lead to deprivation of fundamental rights”.“Nobody can predict what can happen tomorrow. Authentication failure or rejection or data mismatch should not result in deprivation of benefits,” he added.

The proceedings were stopped and the arguments are posted to continue on April 18.

  

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Comment on this article

  • Suraj, Mangalore - Mumbai

    Wed, Apr 18 2018

    Most of your data theft is on Facebook, True caller, whats app and credit and debit cards................................................lol

    DisAgree [1] Agree Reply Report Abuse

  • Honnappa, Byadagi

    Wed, Apr 18 2018

    The present union government claims the data from aadhar cannot be hacked but it can be misused by anti social elements. It is just like government opening gambling den and then saying people are not allowed to gamble. Yesterday the advocate for UIDAI ( aadhar ) said in Supreme court that Google and and Facebook do not want to aadhar to succeed indicating that aadhar database is being build to help sponsors of present central government Geo and petm. He justified by saying some countries have biometric identity. India need not follow others countries just because it is successful there. India is unique country with lot of diversity in population,geography,languages, religion, etc. in this Earth, So we should not follow others in each and every thing.

    DisAgree Agree [1] Reply Report Abuse

  • Kavi, Vittal / Dubai

    Wed, Apr 18 2018

    AAdhaar data is only for police dept. just to find out culprit and match the data for verification. Aadhaar should not be used for banks as PAN is already introduced. Passport is already introduced for travelling. Voter ID is for Vote and personal identity. All are valid documents and can be used for related dept. only.

    DisAgree Agree [2] Reply Report Abuse

  • Declan, Mumbai

    Wed, Apr 18 2018

    Don't need Aadhaar to do it already Modi Sarkar is doing it.

    DisAgree Agree [4] Reply Report Abuse

  • geoffrey, hat hill

    Wed, Apr 18 2018

    First convince Harvard Prof Dr Subramanian Swamy of this, for he's reportedly written a letter to PM explaining how Aadhar linking business can be detrimental to national security.

    DisAgree Agree [3] Reply Report Abuse

  • Myna, Mysuru

    Tue, Apr 17 2018

    Instead of expressing its fear the SC should give directives to the Central Government which is going out of control in intruding the privacy of citizens.

    DisAgree Agree [1] Reply Report Abuse

  • Swamy, Mangalore

    Tue, Apr 17 2018

    Leaky Aadhar data and EVMs both are extremely faulty technologies which will influence the outcome of the electoral outcome and both should be banned. We already have money, favouritism, malpractices and threats to influence elections.

    DisAgree [1] Agree [9] Reply Report Abuse


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