April 17, 2018:
Apex Court is hearing a set of petitions calling the Aadhaar scheme a gross violation of an individual’s fundamental right to privacy.
The Unique Identification Authority of India (UIDAI) claimed before the Supreme Court on Tuesday that Private companies, including smart card companies and search giant Google, do not want Aadhaar to succeed, while rejecting the contention that data collected under scheme can be used to create voters’ profiles to rig elections.
Chief Justice Dipak Misra observed that democracy would be in peril if data collected during Aadhaar authentication is misused for “influencing the elections.”
The bench is hearing a set of public interest petitions calling the Aadhaar scheme a gross violation of an individual’s fundamental right to privacy.
Dwivedi countered the judge’s view and submitted the algorithm used by UIDAI for Aadhaar was different from the one used by Google or Cambridge Analytica. He cautioned the judges from getting prejudiced by what happened in Cambridge Analytica’s case.
Dwivedi submitted, “UIDAI is using matching algorithm. We cannot compare ourselves with Google using a learning algorithm, meant for Artificial Intelligence. Aadhaar’s algorithm is restricted to duplication and authentication. The law does not allow UIDAI to carry out analysis of the data nor does the algorithm allow it do so”.
He added that smart card companies with commercial interests do not want Aadhaar to succeed.
“Smart card companies have entrenched interest in Europe. If the Indian experiment (of Aadhaar) succeeds then smart cards are gone. Singapore has already moved to biometric based identity cards,” Dwivedi contended. He said he wanted the people of India to trust UIDAI and the authority assured that Aadhaar information is safe.
Dwivedi told the court that contrary to apprehensions, it would be impossible for third parties to get Aadhaar details of an individual without prior concurrence of UIDAI. He even refuted the petitioners’ claim that human beings are numbered under Aadhaar. “They are being identified with a numbes. This happens in all the services, for example bank accounts and even when you book air tickets,” he said.
On the concern that private organisations, such as banks and mobile phone companies, could misuse Aadhaar, Dwivedi said it was time for the top court to make private players accountable. “Private entities are playing role the role that only public entities played hitherto. All these private players are also based on public money,” he said.
Private players that are part of the Aadhaar structure are under control, he assured. “They are bound by the law. A mandamus can be issued against them because they are performing public duty,” he said.
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