Aadhar: Risks and Solutions

TRAI Incident

Recently TRAI chairman put out his aadhar number over Twitter, and challenged the skeptics to show him one concrete example where his aadhar number can be used to harm his interest. Few took the challenge and put out his telephone number, address etc on the website. Some even claimed the knowledge of his bank account number. The UIDAI on 29th July 2018 put out a press release stating that the details that were put out about the chairman weren't extracted by breaching the aadhar system, but aggregated from various discrete websites, where these details are being listed for a long period of time. Proponents supporting the aadhar system followed the footsteps of the TRAI chairman and started displaying their aadhar numbers as well over the internet, to which the UIDAI promptly issued a warning (via a press release dated 31st July 2018), to prevent all members from doing so, it being unlawful (aadhar act of 2016, and SPD rules of IT act 2011).

The Inference

The TRAI incident in no way proves that aadhar system is penetrable, but has again brought the whole discussion at the center stage. The questions are, a) Is possible to hack the UIDAI system? b) If yes what harm it can cause to the individual's interests? To which, both government and UIDAI has given strong assurance to deny any such possibilities that too umpteen number of times, and we do not think we have any conclusive evidence yet to prove otherwise.

The Issue

Let's keep the privacy issue emanating out of the aadhar system on the side and for the time being assume that aadhar system is non penetrable. If that is so should we have any more concerns? In my view yes, and these are as follows. The aadhar system makes the process of state surveillance of individuals much easier than ever before. And as per Justice Srikrishna Report on privacy (Page 124), till date there are no general laws in India that authorizes non-consensual access to personal data or interception of personal communication for the purpose of intelligence gathering or national security. Also, linking of aadhar to all kind of services (bank account, passport, telephone etc) empowers the state with a "kill switch". If executed it can neutralize the individual by making his life totally dysfunctional. And it being used as a leverage by the government in power cannot be ruled out.

The Solution

Therefore, Justice Srikrishna report calls for a some kind of inter-branch oversight through a statute (page 127, last para). Unless that it done, the risks of misuse by the state machinery of aadhar for surveillance (without reasonable purpose) cannot be totally ruled out. Also, "access to aadhar based authentication" should become a fundamental right, which will prevent the state from exercising the "kill switch" at will unfairly and unreasonably.

The Conclusion

The aadhar system is a great tool for weeding out middlemen for delivering government services. It also can prevent corruption, tax evasion and make governance efficient and more empowering. But these dividends are not without any risks. Rather than fighting it irrationally, we have to be conscious about these risks and influence the government to enacts laws and safety mechanism to mitigate them. Doing so will help us to leverage this system to drive India into the path of growth and prosperity.

(Views expressed are of my own and do not reflect that of the employer)

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