Can the Aadhaar Act and the Right to Privacy Act Coexist?

The Supreme Court of India confirmed the overall constitutionality of the Aadhaar Act, 2016 (the “Aadhaar Act”) in September 2018, dismissing concerns that the Aadhaar scheme infringes citizens’ right to privacy.

The Aadhaar Act allows residents to receive an Aadhaar number by providing specific biometric and demographic information as part of the enrollment procedure. It also aims to provide underprivileged and deprived people with the opportunity to live and exercise their liberty.

What is an Aadhaar?

Aadhaar is a 12-digit random unique identifying number provided by the government of India to Indian citizens.

The Aadhar Card is issued and managed by the Unique Identification Authority of India (UIDAI). Also, Aadhar contains a 12-digit number and a person’s personal information.

Is Aadhar mandatory?

• Any resident of India, regardless of age or gender, may freely enrol to get an Aadhaar number.

• Aadhar was implemented largely to facilitate the direct transfer of subsidies into citizens’ bank accounts.

• However, the government has recently expanded the scope of Aadhar. There are several compelling reasons to link Aadhar to a bank account, a mobile number, or a PAN.

Is Aadhar a form of identification, proof of address, or both?

• Every Indian citizen’s details, including biometric and demographic data, are recorded and verified before getting an Aadhaar card.

• Aadhaar may be used as a primary identifier in implementing numerous government benefit initiatives and programs for effective service delivery and fostering transparency and good governance.

• The Securities and Exchange Board of India (SEBI) accepts Aadhar as evidence of address when investing in the stock market.

Can an Aadhar Card and the Right to Privacy Coexist?

• The government cannot overlook its obligation to safeguard citizens from the risks of the cyber era in its eagerness to aggregate data in electronic form and better target subsidies.

• The Union government must implement privacy legislation that specifies individuals’ rights and is consistent with constitutional provisions.

• The government should consider privacy issues and implement procedures and tools to secure citizen information in any data gathering system.

• To prevent unauthorised disclosure or access to such data, it should establish an institutional framework such as the Privacy Commission.

• Our India’s cyber cell should be prepared to deal with cyber attacks in the shortest amount of time.

• We must educate them about the risks involved and provide fraud and ID theft examples. 

• The government should recognise all aspects of the right to privacy and solve data security concerns: unauthorised interception, surveillance, the use of personal identification, and bodily security privacy.

• We must remain calm and guarantee that adequate data protection, security, and privacy measures are in place.

The Data Protection Act

Following the Supreme Court’s momentous decision on the right to privacy, Mr Ravi Shankar Prasad, the erstwhile Minister of Electronics and Information Technology, stated that the security of data protection law would be implemented. According to the then union minister, the new measure was written keeping the latest privacy judgement in mind. The law was to be registered with substantial help from former Supreme Court Justice BN Srikrishna.

The Evolution of the Right to Privacy

The concept of the right to privacy first appeared in India in 1800, when British courts used it. The same court affirmed the right to private relations with foreign states, allowing women to visit their balconies without fear of being watched by their neighbours. The right to privacy jurisprudence has evolved and incorporated into Article 21 of the Indian Constitution. The Supreme Court has also ruled that the right to privacy is integral to personal liberty.

The Right to Privacy Explanation

With the implementation of the Aadhaar Act of 2016, there was a requirement for collecting and using citizens’ data. In support of this move, the government stated that the collection of personal data and enrollment of each citizen of the Aadhaar Act would further improve the lives of millions of poor people by allowing them to directly access education, public benefits, subsidies, food, home and shelter, and other services. The administration also stated that Aadhaar was a cure for eliminating existing undesirable societal elements, such as corruption, money laundering, and terror funding.

Conclusion

From various people’s perspectives, there is a variation in the contentions put up by three judges who upheld the constitutional validity of Aadhaar. At the same time, Justice Chandrachud strongly disagreed with the majority judgement, and his arguments conflicted.

There is an urgent need to modify and close gaps in the Aadhaar Act, as otherwise, it would jeopardise an individual’s right to privacy protection. There is a requirement to assess the Aadhaar’s effectiveness; if not, a process must be implemented to ensure that the Aadhaar serves its intended purpose. A careful examination of the issue, weighing benefits and drawbacks, and attempting to mitigate flaws and unfavourable elements, is required.