Bio-metrics and Aadhar: Broadly Speaking
Sep. 11, 2020 • Madri Chandak
Profile of the Author: Abhishek Tanwar is a student of Law Centre-1, Faculty of Law, Delhi University
Introduction
Biometrics are physical or behavioural human characteristics that can be used to digitally identify a person to grant access to systems, devices, or data i.e (fingerprint, retina scan, voice recognition), etc.[1] In this technological era, the technology is broadening in a hypersonic speed. Every smartphone and digital gadget available in the market comes along with biometric passwords and other various safety features to protect the private data of the user.
The Indian government introduced the world’s largest biometric identification scheme called Aadhar. It contains all the essential information of a person like a photograph, fingerprint, etc.
Now the question arise here is that the personal data stored in systems of government is safe, is there any threat to fundamental rights of privacy?
The Functioning of Aadhar Biometric identification Scheme
Aadhaar is a 12 digit individual identification number issued by the Unique Identification Authority of India on behalf of the Government of India. The number serves as a proof of identity and address, anywhere in India. Any individual, irrespective of age and gender, who is a resident in India and satisfies the verification process laid down by the UIDAI can enrol for Aadhar.[2]
Aadhaar is a strategic policy tool for social and financial inclusion, public sector delivery reforms, managing fiscal budgets, increase convenience, and promote hassle-free people-centric governance. Aadhaar can be used as a permanent Financial Address and it facilitates the financial inclusion of the underprivileged and weaker sections of the society and is, therefore, a tool of distributive justice and equality. The Aadhaar identity platform is one of the key pillars of the ‘Digital India’, wherein every resident of the country is provided with a unique identity. Aadhaar enables the Government of India to directly reach residents of the country in the delivery of various subsidies, benefits, and services by using the resident’s Aadhaar number only.
Why is it so controversial?
The controversies start just after Aadhar was introduced about various concerns related to the safety and security of information, it picks up flame after the government makes Aadhar mandatory to be linked with bank accounts, phone numbers PAN Card even every private institution mandates Aadhar link up. This becomes a loophole as crucial information and passwords are on High-level threats. It leads to an increase in the number of frauds as on one click all the information of a person from his address to bank account numbers Can be accessed by any person from the single Aadhar no.
Relevant Case Laws
The Supreme Court ruled that the biometric identity system introduced by the government is legal. In Justice K.S Puttaswamy v/s. Union of India, [3] a writ petition was filed challenging the constitutional validity of Aadhar. The decision of the Bench including 9 judges comes in favour of the writ petition. It was one of the historical judgments as the right to privacy was added to the fundamental rights of the constitution.[4] The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
On September 26, 2019, the five-judge bench including Justice A K Sikri in a judgment said that biometric data in the form of iris and fingerprints are collected and the authentication process is not exposed to the Internet. It does not violate the fundamental right to privacy.
Supreme Court upholds the constitutional validity of Aadhaar but removed down certain provisions including its linking with bank accounts, mobile phones, and school admissions.
Supreme Court also overruled the decisions of cases of MP Sharma and Kharak Singh earlier in which it was decided that right to privacy is not a fundamental right.
Rights and Remedies under the IT Act 2000
Section 43A: If a company or any other corporate organization possesses any sensitive information or data which of a person without his/her knowledge and use to intentionally cause harm and done anything wrong to the person shall be liable for the compensation of the Damages by the company.
Section 72A: If a person has access to any private or personal information of another person in breach of a lawful contract then he shall liable to pay a penalty up to ₹5,00,000 and imprisonment for 3 years.
However, there are not many provisions available in India for data protection and safety
Conclusion
India needs to make more specific and strict laws for data privacy as there are not so many provisions available. Also, it should introduce various policies for data security to take its security system to another professional level. This technological era gives a boost to the hacker. The security of crucial information is the priority of every citizen. So the government has to introduce its privacy protection act which gives relief to the common people and assure them to protect their confidential information.
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References