Blog By – Savari Surve
“If the right to privacy means anything , it is the right of the individual, married or single, to be free from unwarranted governmental intrusion.’’ ~William j Brennan
Introduction
Privacy is crucial for personal freedom and dignity. It simply means keeping one’s information, activities to themselves. The concept of privacy has evolved with time. In recent years there is integration of technology in governance which has sparked debates worldwide one such instance is Aadhaar Card. This blog looks into how we find the balance between privacy and Aadhaar cards.
Right to Privacy
The right to privacy is a state of being left alone and keeping one’s information confidential from any public or government interference. Under the Universal Declaration of Human Rights (UDHR), adopted by the United Nations right to privacy is recognized explicitly under Article 12. After the 2017 Puttaswamy v. Union of India judgment, the Indian Constitution recognizes the Right to Privacy as a fundamental right under Article 21. The judgement stated that right to privacy is regarded as a essential element of right to life and personal liberty guaranteed in the constitution.
Evolution of Aadhaar
Aadhar is a new form of identification card introduced through National Identification Authority of India Bill in 2010. The Unique Identification Authority of India (UIDAI) is a body that issues Aadhaar’s to the citizens. Aadhaar, it’s a identification document that assigns a 12 digit code to the citizens which consists of their basic details like name, gender, date of birth, demographic and biometric data. It’s a one time identification number and is used to make public welfare services and schemes more efficient. Aadhaar is now made mandatory by the central government for acquiring welfare schemes like the mid-day meal or Mahatma Gandhi National Rural Employment Guarantee Scheme etc, or filing tax returns, booking tickets, internet or mobile services or getting admission in educational institution or any other aspect of life. Also, the government made it mandatory to link mobile numbers, domicile and cast certificates to the Aadhaar. The Aadhaar allows unlimited access to the government about almost all the information of a person’s life.
Privacy Concerns
The potential threat relating to privacy was known since the beginning of the Aadhaar project. The collection of biometric data is a violation of privacy. Many government websites has access to the Aadhaar holders personal details which creates a risk misuse of data- giving access to the corporate entities. The data is been circulated from one server to other through various government departments creating a pathway for hackers. There have been reported cases of duplicate and fake Aadhaar’s. The Aadhaar project can also be a form of mass surveillance meaning linking Aadhaar to so many routine of a person’s life will allow the government to have a generalized data of a person’s everyday life. Thus taking away the right to privacy of a person.
Legal Developments
In 2012, K.S. Puttaswamy filed a petition in the Supreme Court challenging the policy of Aadhaar being mandatory for every citizens and linking biometric Id to various government schemes there by violating the right to privacy and equality guaranteed by the constitution. In 2013-14 the supreme court stated that Aadhaar should not be made mandatory by the government or any agency for availing benefit’s. In 2017, the Supreme Court struck down the provisions which made mandatory to link mobile numbers, bank account, caste certificates or school admission to the Aadhaar. In 2018, the Supreme Court gave out the final verdict of Aadhaar case. It upheld the Constitutional validity of Aadhaar Card and struck down certain provisions relating to Aadhaar Act 2016. The main issue relating to right to privacy of citizens been violated specifically the right to live with dignity, it was stated the Aadhaar Act 2016 did not violate the right to privacy as it passed the three fold test established through the Puttaswamy judgement. The three fold test review the privacy infringements by the law- just, fair and reasonableness. The court held that the use of Aadhaar is for the benefit of Public services schemes thus constitutional, however mandatory linking of Aadhaar to bank accounts is unconstitutional as it violates the privacy of individuals. It struck down section 57 of the Aadhaar Act requiring citizens to provide Aadhaar numbers to private companies for services.
Conclusion
Right to privacy is important and any compromises in it can make the citizens loose faith in the government or justice system itself. In evolving age of technology the personal data of individuals is been used by the government entities for various schemes and other purpose, thus creates a need to strike a balance between the privacy of the citizens and government’s interference in the citizens privacy. The right to privacy now has been constitutionally recognized and granted protected status. The Puttaswamy judgement has played a crucial role in highlighting the need of changes in Aadhar Act and its loopholes.