Aadhaar not mandatory for bank account, mobile connection: Key takeaways

The Supreme Court on Wednesday declared government's Aadhaar scheme as Constitutionally valid and also struck down Section 57 of Aadhaar Act permitting private entities to avail Aadhaar data. "Robust data protection regime has to be brought in place as early as possible," Justice Sikri said while reading out the majority judgement.

The court said that the Aadhaar authentication data cannot be stored for more than six months.

The apex court's five-judge Constitution bench said Aadhaar means unique and it is better to be unique than being best. The first of the three judgements was pronounced by Justice A K Sikri. Justice Sikri pronounced the judgement for himself, Chief Justice Dipak Misra and Justice A M Khanwilkar.

Here are the key takeaways:

1. Individuals and corporates cannot collect Aadhaar data

2. Government not to give Aadhaar to illegal immigrants

3. Aadhaar need not be made compulsory for school admissions

4. Linking Aadhaar to telecom services unconstitutional

5. No person can be denied govt benefits only due to absence of Aadhaar

6. No need to link bank accounts, mobile numbers to Aadhaar

7. Aadhaar card is mandatory for PAN linking, Income Tax return

8. Aadhaar can be passed as Money Bill

9. Nothing in Aadhaar Act that violates right to privacy of individual

10. No child can be denied benefits of any schemes on not being able to bring their Aadhaar number

11. CBSE, NEET, UGC cannot make Aadhaar mandatory, also not compulsory for school admissions

Aadhaar case: SC reserves verdict on pleas challenging verdict; top points

A five-judge constitution bench of the Supreme Court headed by Chief Justice of India (CJI) Dipak Misra on Thursday reserved its judgement on the Aadhaar matter. Several appeals were filed challenging the constitutional validity of Aadhaar. Supreme Court judge Justice D Y Chandrachud, while hearing the petitions challenging the Aadhaar scheme's constitutional validity, on Wednesday recalled a personal experience of how his mother, who was suffering from Alzheimer's disease, had faced difficulty in authentication to get her pension.

Justice Chandrachud is part of the five-judge Constitution Bench, headed by Chief Justice of India Dipak Misra, which is hearing a batch of petitions challenging the constitutional validity of the Aadhaar scheme and its enabling law of 2016.

The hearing will continue on Thursday.

On May 3, the Centre had strongly defended its decision to seed Aadhaar numbers with mobile phones, telling the top court that it could have been hauled up for contempt if the verification of mobile users was not undertaken by it. However, the court had said that the government had misinterpreted its order and used it as a "tool" to make Aadhaar mandatory for mobile users.

Aadhaar doesn't pose any privacy issue and is worth emulating: Bill Gates

India's Aadhaar technology does not pose any privacy issue and the Bill and Melinda Gates Foundation has funded the World Bank to take this approach to other countries as it is worth emulating, Microsoft founder Bill Gates has said.

The 62-year-old multi-billionaire entrepreneur and philanthropist said Nandan Nilekani, Infosys founder who is considered as the chief architect of Aadhaar, was consulting and helping the World Bank on the project.

Asked if India's Aadhaar technology is worth emulating by other countries, he replied, "Yes". "The benefits of that (basic ID — Aadhaar) are very high," he told PTI. More than a billion people in India have enrolled in Aadhaar, the world's largest biometric ID system.

"Yes, countries should adopt that approach because the quality of governance has a lot to do with how quickly countries are able to grow their economy and empower their people," Gates said in response to a question.

"We have funded the World Bank to take this Aadhaar approach to other countries," he said.

It is believed that several countries, including some from India's neighbourhood, have approached New Delhi for assistance in this matter.

PF-Aadhaar seeding portal hacked, EPFO refutes claim: All you need to know

Employees Provident Fund Organisation (EPFO) has apparently had to shut down the portal that it uses to for Aadhaar seeding with provident fund accounts of its subscribers following an alleged data breach where confidential user information was stolen by hackers.

The issue was purportedly raised by EPFO Central Provident Fund Commissioner V P Joy in a letter to Common Service Centre (CSC) Chief Executive Dinesh Tyagi on March 23.

“The web portal has been closed one-and-a-half months ago, immediately after a possible data theft was reported to us during a process of routine security check. There was some problem in the application run by CSC and it is not related to our data centre that maintains the EPF accounts,” Joy told Business Standard on Wednesday.

Speaking to PTI, Tyagi said that while the said application had been designed by the CSC, it was now hosted on EPFO data centres and servers. The EPFO shut down the website on March 22, urging the CSC to secure the confidential data of employees.

The report comes at a time when Aadhaar is embroiled in data breach allegations while also being at the centre of India's privacy debate. The Supreme Court is hearing a clutch of petitions challenging the Aadhaar Act and the use of biometric identifier in various government and non-government services.

Aadhaar data of 134,000 Indians leaked on Andhra govt website; top updates

On reasonable grounds, the benefits that Aadhaar offers to citizens are immense. But the actual costs stem from the possible misuse of Aadhaar data. Despite a robust legislation on data protection by UIDAI, Aadhaar numbers and bank details of over 134,000 beneficiaries on Andhra Pradesh Housing Corporation's website have been leaked. The Andhra Pradesh government’s cyber security researcher Kodali Srinivas has revealed how a state-run agency has disclosed the Aadhaar data, bank accounts information with IFSC codes, caste and religion besides geo-location of 134,000 beneficiaries of housing schemes.

The leaked details have now been taken off the website.

Even after repeated claims by the Unique Identification Authority of India (UIDAI) that Aadhaar data can never be used for surveillance or to track religious and caste information, this new data leak of sensitive information is likely to bring the authenticity of the nodal agency’s regulations on data protection under question. The latest Aadhaar data breach took place just a day after Chief Minister N Chandrababu Naidu inaugurated the Andhra Pradesh Cyber Security Operations Centre (APCSOC).

Critics of Aadhaar say they have been harassed, put under surveillance

Researchers and journalists who have identified loopholes in India’s massive national identity card project have said they have been slapped with criminal cases or harassed by government agencies because of their work.

Last month, the Unique Identification Authority of India (UIDAI), the semi-government body responsible for the national identity project, called Aadhaar, or “Basis”, filed a criminal case against the Tribune newspaper for publishing a story that said access to the card’s database could be bought for Rs 500 ($7.82).

Reuters spoke to eight additional researchers, activists and journalists who have complained of being harassed after writing about Aadhaar. They said UIDAI and other government agencies were extremely sensitive to criticism of the Aadhaar programme.

Aadhaar is a biometric identification card that is becoming integral to the digitisation of India’s economy, with over 1.1 billion users and the world’s biggest database.

UIDAI introduces 16-digit 'Virtual ID', limited KYC for Aadhaar holders

As it looks to address concerns regarding privacy of Aadhaar data, the Unique Identification Authority of India (UIDAI) has introduced a concept of ‘Virtual ID’, which is a temporary number that can be generated by users for the purpose of verification and authentication.

The UIDAI has taken a slew of measures to safeguard the privacy of citizens, primarily after reports emerged that Aadhaar data can be accessed by unauthorised means.
The 'Virtual ID', which will be mapped with the Aadhaar number, can be shared with authorities to authenticate identity for availing various services and it will provide users an option of not sharing their Aadhaar number.

The ID will be a temporary, revocable 16-digit number that can be shared with agencies like a telecom operator, for verification of identity. The 'Virtual ID' along with biometrics will furnish limited details like names, addresses, and photographs to the agency concerned for verification.
However, experts feel that though the intention of the government is good, it has to be seen what security parameters are put in place to safeguard the 'Virtual ID'.

According to senior cyber lawyer Pavan Duggal, cybersecurity was not introduced at the start by the UIDAI and that is why there have been so many cases regarding data breach. Also, he said people have become increasingly concerned about privacy and consequently, the UIDAI had come up with the concept of a 'Virtual ID'.

UIDAI introduces 'Virtual ID' to avoid sharing of your Aadhaar number

In a bid to address privacy concerns, the UIDAI on Wednesday introduced a new concept of 'Virtual ID' which Aadhaar-card holder can generate from its website and give for various purposes, including SIM verification, instead of sharing the actual 12-digit biometric ID.

This will give the users the option of not sharing their Aadhaar number at the time of authentication.
The Virtual ID, which would be a random 16-digit number, together with biometrics of the user would give any authorised agency like a mobile company, limited details like name, address and photograph, which are enough for any verification.
Officials said a user can generate as many Virtual IDs as he or she wants. The older ID gets automatically cancelled once a fresh one is generated.

The Unique Identification Authority of India (UIDAI) has also introduced the concept of 'limited KYC' under which it will only provide need-based or limited details of a user to an authorised agency that is providing a particular service, say, a telco.

The Virtual ID will be a temporary and revocable 16 digit random number mapped to a person's Aadhaar number and the Aadhaar-issuing body will start accepting it from March 1, 2018.
From June 1, 2018, it will be compulsory for all agencies that undertake authentication to accept the Virtual ID from their users.
Agencies that do not migrate to the new system to offer this additional option to their users by the stipulated deadline will face financial disincentives.

Aadhaar database can be misused and abused: Edward Snowden

A day after the Unique Identification Authority of India (UIDAI) denied that there was any breach of the Aadhaar database, American whistleblower Edward Snowden said on Friday that the Aadhaar database conceived and introduced by the Indian government can also be misused and abused.

Retweeting CBS journalist Zack Whittaker's response on a BuzzFeed report on the breach of Aadhaar database in India, Snowden said, "It is the natural tendency of government to desire perfect records of private lives. History shows that no matter the laws, the result is abuse."

Whittaker had earlier said, "ICYMI. India has a national ID database with the private information of nearly 1.2 billion nationals. It's reportedly been breached. Admin accounts can be made and access can be sold to the database, reports BuzzFeed."

The UIDAI on Thursday said the Aadhaar data including biometric information is fully safe and secure.

It termed The Tribune report titled 'Rs 500, 10 minutes, and you have access to billion Aadhaar details' a case of misreporting.

"There has not been any Aadhaar data breach. The Aadhaar data including biometric information is fully safe and secure," the UIDAI said in a statement.

This development has come at a time when the Supreme Court is set to begin the final hearing of petitions challenging the legality of Aadhaar programme based on privacy concerns on January 17.

In August 2017, the Supreme Court held that privacy is a fundamental right under the Constitution of India.

Report says you can get Aadhaar details for Rs 500; UIDAI denies breach

The Unique Identification Authority of India (UIDAI) has denied the media report published in The Tribune titled "Rs 500, 10 minutes, and you have access to billion Aadhaar details" and has said that it is a case of misreporting.

The UIDAI assured that there has not been any Aadhaar data breach. The Aadhaar data including biometric information is fully safe and secure.

In a statement issued on Thursday, the UIDAI said that UIDAI has given the said search facility for the purpose of grievance redressal to the designated personnel and state government officials to help residents only by entering their Aadhaar number/EID.

The UIDAI maintains complete log and traceability of the facility and any misuse can be traced and appropriate action taken.

The reported case appears to be an instance of misuse of the grievance redressal search facility. As UIDAI maintains a complete log and traceability of the facility, the legal action including lodging of FIR against the persons involved in the instant case is being done.

The UIDAI reiterates that the grievance redressal search facility gives only limited access to the name and other details and has no access to biometric details. UIDAI reassures that there has not been any data breach of the biometric database which remains fully safe and secure with the highest encryption at UIDAI and a mere display of demographic information cannot be misused without biometrics.

Further, the Aadhaar number is not a secret number. It is to be shared with authorized agencies whenever an Aadhaar holder wishes to avail certain service or benefit of government welfare scheme/s or other services. But that does not mean that the proper use of Aadhaar number poses a security or financial threat.

Income Tax dept launches new e-facility to link your Aadhaar with PAN

The Income Tax department has launched a new e-facility to link a person's Aadhaar with the Permanent Account Number (PAN), a mandatory procedure for filing I-T returns now.

The department's e-filing website — https://incometaxindiaefiling.Gov.In/ — has created a new link on its homepage making it "easy" to link the two unique identities of an individual.

The link requires a person to punch in his PAN number, Aadhaar number and the "exact name as given in the Aadhaar card".

"After verification from the UIDAI (Unique Identification Authority of India), the linking will be confirmed. In case of any minor mismatch in Aadhaar name provided, Aadhaar OTP (one time password) will be required," the department said in its advisory to taxpayers and individuals.

The OTP will be sent on the registered mobile number and email of the individual.

It urged them to ensure that the date of birth and gender in PAN and Aadhaar are exactly the same, to ensure linking without failure.

"There is no need to login or be registered on e-filing website (of the I-T department). This facility can be used by anyone to link their Aadhaar with PAN," it said.

The government, under the Finance Act 2017, has made it mandatory for taxpayers to quote Aadhaar or enrolment ID of Aadhaar application form for filing of income tax returns (ITR).

Also, Aadhaar has been made mandatory for applying for permanent account number with effect from July 1, 2017.

The department, till now, has linked over 1.18 Aadhaar with its PAN database.

While Aadhaar is issued by the UIDAI to a resident of India, PAN is a ten-digit alphanumeric number issued in the form of a laminated card by the I-T department to any person, firm or entity.
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UIDAI blacklists agency that leaked M S Dhoni's Aadhaar details for 10 yrs

Taking a serious view of public sharing of Aadhaar details of M S Dhoni, the Unique Identification Authority of India has blacklisted for 10 years the entity that had enrolled the ace cricketer.

The UIDAI has also ordered an inquiry to determine any possible involvement of others and take action as per the Aadhaar Act.

"We have blacklisted VLE (Village Level Entrepreneur) who enrolled M S Dhoni for leaking Aadhaar receipt which carried his personal information. At UIDAI, we are very strict on the privacy issue. We have ordered further inquiry on the matter and action will be taken against all those involved in the leak," UIDAI CEO Ajay Bhushan Pandey said.

He also said action will be taken even against those involved in tweeting the picture of the receipt through the official Twitter account (CSCeGov) of the state-run CSC e-Governance Services.

The UIDAI crackdown came after Dhoni's wife Sakshi flagged the matter and complained about it to Law and IT Minister Ravi Shankar Prasad, who promised swift action.

The agency's Common Services Centre (CSC) through its handle @CSCegov posted a tweet on Tuesday saying "ace cricketer Mahendra Singh Dhoni and his family get their Aadhaar updated at VLE Mariya Farooqui's CSE at Ranchi, Jharkhand".

Prasad was tagged in the tweet. It included a photograph of the cricketer with a CSC representative and another of his personal details on what appeared to be the Aadhaar website.

The tweet with the information was later removed.

"Is there any privacy left? Information of Aadhaar card, including application, is made public property," Sakshi had tweeted.

While thanking Sakshi for bringing up the issue to his notice, Prasad said, "Sharing personal information is illegal. Serious action will be taken against this." (READ MORE)