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ABSTRACT
The data privacy debate in India has evolved with respect to the government’s biometric identity programme, Aadhaar that enrols welfare-dependent, poor populations to grant them access to government benefits. While legal challenges to Aadhaar by civil society groups argued that the biometric identity infrastructure creates conditions of mass surveillance and violation of individual privacy, the Indian Supreme Court in 2018 ruled that the government was justified in restricting individual privacy for the collective good of providing welfare in a transparent and corruption-free manner. Given the disproportionate burden on these populations to prove their identities to the state, this paper draws on a close reading of legal and policy texts, and activist documentation to argue that there is a need to move beyond the narrative of mass surveillance as privacy violation. Data privacy interests of the welfare-dependent emerge in the moment of biometric authentication, which creates anxieties of recognition when their authentication attempts fail or are deliberately falsified. Often, to have better social mobility, they are compelled to be physically mobile in order to enrol or update their records under conditions of physical disability and meagre socioeconomic means. These anxieties illuminate their privacy interests through a compromise of dignity or dignified living, a formulation articulated in the 2018 Aadhaar verdict. The paper makes a critical contribution to the global conversation on data privacy through a discussion of the Indian case that demonstrates the privacy-recognition nexus in local contexts.
Disclosure statement
No potential conflict of interest was reported by the author.
Notes
1 For a detailed understanding, see https://stateofaadhaar.in
2 Harsh V. Nair. ‘Aadhaar hearing: Right to life more important than elite class’ privacy concerns, says Centre.’ India Today, July 27, 2017. https://www.indiatoday.in/mail-today/story/aadhaar-hearing-privacy-supreme-court-1026499-2017-07-27
3 See, ‘Aadhaar is an electronic leash, will hollow out the Constitution: Shyam Divan in Supreme Court, Daily O. 17 January, 2018. https://www.dailyo.in/variety/aadhaar-data-breach-biometric-data-supreme-court-right-to-privacy-shyam-divan/story/1/21799.html
4 Justice K.S. Puttaswamy (Retd.) vs. Union of India. Writ Petition (Civil) No. 494 of 2012 & connected matters, September 26, 2018.
7 https://www.supremecourtofindia.nic.in/supremecourt/2012/35071/35071_2012_Judgement_26-Sep-2018.pdf
8 Aadhaar has been the subject of numerous data breaches and security concerns over the past decade. See, Aadhaar Leaks: A continuously updated list of all Aadhaar data leaks. https://www.medianama.com/2018/05/223-aadhaar-leaks-list/ Medianama, May 4, 2018.
9 See, Megha Mandavia & Nilesh Christopher. ‘Aadhaar ID provides dignity to marginalized.’ The Economic Times, September 27, 2018. https://economictimes.indiatimes.com/news/politics-and-nation/aadhaar-id-provides-dignity-to-marginalised/articleshow/65973695.cms
13 For a detailed history of Aadhaar, see Seetha (2015, July 29). There is a Privacy Issue with the Aadhaar Card. Swarajya. Retrieved from https://swarajyamag.com/politics/there-is-a-privacy-issue-with-the-aadhar-card
14 For a deeper understanding of Aadhaar, see, ‘What is Aadhaar?: Know all about Aadhaar Bill 2016 in 11 slides. https://www.financialexpress.com/photos/budget-gallery/223860/what-is-aadhaar-bill-all-you-want-to-know-in-5-points/ Also see, https://uidai.gov.in.
15 See, ‘10 Reasons why Aadhaar has now Become the very Basis of Your Life.’ The Economic Times, Oct 21, 2017.https://economictimes.indiatimes.com/news/economy/policy/10-reasons-why-aadhaar-has-now-become-the-very-basis-of-your-life/articleshow/61160289.cms
16 Rajagopal, Krishnadas (2016). Don’t Insist on Aadhaar, Warns SC. The Hindu, Sept 6, 2016. https://www.thehindu.com/news/national/aadhaar-not-mandatory-sc-reiterates/article6999924.ece
17 The PDS is an Indian network of fair price shops that distribute food grains and cooking oil to the poor.
18 See, UIDAI Press Note. As per Aadhaar Act, No Denial of Benefits for Want of Aadhaar: UIDAI. February 10, 2018. https://uidai.gov.in//images/news/press_note_on_no_denials_100218.pdf
19 A money bill concerns matters of borrowing and lending of money, tax laws and prevention of black money in India.
20 For a detailed account of these developments, see, Varun H.K. (Citation2018). SC’s Aadhaar verdict: Privacy vs identity. Deccan Herald. https://www.deccanherald.com/national/aadhaar-act-verdict-history-693614.html
21 See, ‘Aadhaar as money bill: SC to hear Jairam Ramesh’s plea challenging speaker’s decision in November.’ Livemint, September 1, 2017. https://www.livemint.com/Politics/ezr9RyS3cHMAIZVhBOr3gJ/Aadhaar-as-money-bill-SC-to-hear-Jairam-Rameshs-plea-chall.html
23 See Firstpost, Aadhaar Security Breaches: Here are the Major Untoward Incidents that have Happened with Aadhaar and what was Actually Affected.
24 See, Aadhaar data leak: Details of 7.82 Cr Indians from AP and Telangana found on IT Grids’ database. FirstPost, April 17, 2019. https://www.firstpost.com/india/aadhaar-data-leak-details-of-7-82-cr-indians-from-ap-and-telangana-found-on-it-grids-database-6448961.html
25 Justice K.S. Puttaswamy (Retd.) and Another vs. Union of India and Others. Writ Petition (Civil) No. 494 of 2012.
26 See, note vii.
27 See, note xv.
28 Neha Alawadhi (July 4, 2019). Lok Sabha passes Aadhaar bill amid opposition protest over privacy. Business Standard, Retrieved from https://www.business-standard.com/article/current-affairs/lok-sabha-passes-aadhaar-bill-amid-opposition-protest-over-privacy-119070401237_1.html
Additional information
Notes on contributors
Pawan Singh
Pawan Singh is a New Generation Network Scholar (NGN) in contemporary histories at Deakin University and the Australia India Institute from 2016-2019. He attained a doctorate in Communication from the University of California San Diego. His work, which has been funded by the Toyota Foundation's grant “Exploring New Values for Society” and the Digital Identity Research Initiative of the Indian School of Business, Hyderabad, examines the interplay of identity, privacy, representations and media technologies in relation to universal notions of social justice and empowerment.
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