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Aadhaar data breach can influence outcome of elections, says SC

April 18, 2018 10:17·
Aadhaar

Aadhaar

He reiterated that Aadhaar data was not subject to any kind of analysis and the people should trust the UIDAI with their data. We can not compare ourselves with Google, (which is) using a learning algorithm, meant for artificial intelligence.

The Unique Identification Authority of India (UIDAI) which administers Aadhaar, however, said data collection for the 12-digit unique identification number can not be compared with the global scandal.

Dwivedi responded by saying that "it does not allow any "chaiwala" or a "panwala" to become a requesting entity under the Act".

Last week, the court had expressed concerns about the possible misuse of data of 1.3 billion Indians. "The UIDAI simply does not have the learning algorithms like Facebook or Google to analyse details of users", senior advocate Rakesh Dwivedi, appearing for Unique Identification Authority of India (UIDAI) and the Gujarat government, said.

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.

Dwivedi also claimed that private companies, including smart card companies and Google, did not want Aadhaar to succeed. "So the question is, what are the safeguards we need to introduce to ensure the object of the Act is met".

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The bench then referred to the provisions of the Aadhaar Act and said the misuse of information at the end of UIDAI may not happen, but there could be a possibility of misuse or commercial abuse of information by private entities involved in Aadhaar authentication.

Dwivedi remarked that there are limitations of knowledge and technological development, to which Justice Chandrachud replied: "Limitations of knowledge can not lead us to a blinkered view of reality because we are going to lay down a law which will affect the future generation of the country".

Dwivedi told the court that contrary to apprehensions, it would be impossible for third parties to get Aadhaar details of an individual without the prior concurrence of UIDAI. "They are being identified with a numbers". "Other linkages, like bank accounts, mobile phones etc are under separate laws which have no bearing on the operation of Aadhaar Act", he added. "All these private players are also based on public money", he said. He said human beings were not reduced to numbers just because they were assigned a number as in proximity cards, passports, etc. "A mandamus (judicial writ) can be issued against them because they are performing public duty", he said.

In a recent interview, UIDAI CEO said that Aadhaar is an enabler and is for empowerment and it is nowhere going to be a Big Brother or so.

The advancing of arguments remained inconclusive and would resume tomorrow.

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