Aadhaar based on flawed technology, prone to data breach, SC told

Satya Prakash

Tribune News Service

New Delhi, January 7

Amid rising concerns over violation of right to privacy due to Aadhaar, a petitioner against the 12-digit unique biometric identification number has told the Supreme Court that it is based on a flawed technology, making it prone to data breach.

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“Reports by privacy and security researchers indicate that such breaches have already affected 135 million Indians. These data breaches are in flagrant violation of Section 29 of the Aadhaar Act read with Regulations 6 and 7 of the Aadhaar (Sharing of Information) Regulations, 2016," writer-activist Kalyani Shankar Menon said in her rejoinder affidavit. 

Filed ahead of the January 17 Constitution Bench hearing of petitions challenging the validity of the Aadhaar Act, the affidavit cited research done by various experts and RTI replies to suggest that the scheme was flawed.

“It is submitted that Aadhaar is an insecure, unreliable, unnecessary and inappropriate technology project which is being foisted with coercion on the most vulnerable section of Indians and is threatening their constitutional and legal rights and entitlements every day," the affidavit read.

Menon submitted that it gave rise to "surveillance, breach of privacy and identify theft of individuals" in violation of their right to equality, right to freedom and right to privacy.

The Supreme Court had on December 15 extended the deadline for linking of Aadhaar for all services and schemes, including mobile phone numbers, to March 31 next year.

A five-judge Constitution Bench headed by Chief Justice of India Dipak Misra had said the deadline for Aadhaar-linking of mobile phone numbers stood extended from February 6, 2018 to March 31, 2018.

The order extending the deadline for linking of Aadhaar shall also be applicable to all state governments, besides the Central government and its departments, the top court had said.

While choosing not to stay the government's orders and notifications on Aadhaar, it had fixed January 17 for final Constitution Bench hearing to decide the petitions challenging the validity of Aadhaar Act and related notifications.

The December interim order had come on pleas for stay on various notifications issued by the government making Aadhaar-linking mandatory with 139 various services and schemes.