A renewed attack on privacy (Aadhar Amendment Bill 2018)

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 A renewed attack on privacy (Aadhar Amendment Bill 2018)

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• An amended and troublesome Bill : The Aadhar and Other Laws (Amendment) Bill 2018 was passed by Lok Sabha without any discussion. There are two basic problems with it :

1. The Law (if enacted) will once again authorise private commercial players to start using Aadhar of citizens, something the Supreme Court's decision in 2018 outlawed, and
2. It is being done without first bringing any Privacy Law at all, as the S.C. had recommended in its judgment.

• Specific aspects of the Supreme Court verdict 2018 : In September, it had finally decided on the long-pending petitions. Key aspects were :

1. Asked Parliament to make some legislative changes, for example, to ensure that children never are excluded for want of Aadhar, and
2. Section 57 was struck down by the 4 : 1 verdict of S.C., insofar as it applied to private entities (that very thing is being overturned now)!

• Manner and method : The speed with which the govt. brought the Amendment Bill is baffling, as it violated its own pre-legislative consultative policy. What is that? The Ministry has to first publish a draft of the law, inviting public comments. This Bill intends to amend several laws, and was done without all of this. These laws are :

1. Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016,
2. Indian Telegraph Act,s 1885, and
3. Prevention of Money Laundering Act, 2002 (PMLA).

• Voluntary versus Compulsory : The SC verdict made it clear that Aadhar data may not be used by private entites for authentication at all. It did speak of the situation where the use of Aadhar by State to autenticate citizen identities when using subsidies, benefits or services to also be voluntary, and not mandatory. It wanted a separate legislation for it! The right to privacy was the key logic.
• Violation of fundamental rights : Use of Aadhar by private entities violates them, so the only law that can enable it is a constitutional amendment! (which this bill is not)
• Making it virtually mandatory : The new Bill (in the Telegraph Act amendment) nearly makes it mandatory for telecom companies and banks to use Aadhar (or Passports, which is available only to a small percent of Indians!). That is a clear violation of SC verdict!
• Disastrous consequences : Allowing private firms access to Aadhar is a horrible idea, as unwanted seeding across services happens. Corruption and scamming become much easier.
• Section 33(2) : The Bill changes the "Joint Secretary level officer needed to disclose Aadhar information of any citizen in national interest" with "Secretary level officer". The SC verdict had also wanted a Judicial Officer to be associated with that process, preferably HC judges. Nothing is being done for that!
• Lose all control over your bodies : The Bill is trying to restore the pre-verdict situation, allowing corporations and State the control over Indian citizens' bodies. It should not be passed.
• Summary : The amendments proposed to the Aadhar Act are dangerous insofar as they are a clear violation of at least two operative aspects of the Supreme Court's 2018 verdict nullifying private coporates' reach to Aadhar data.

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