Aadhaar and Right To Privacy: Key Highlights
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Aadhaar is a unique 12-digit identification number issued by the Government of India as proof of identity for its citizens. The
Unique Identification Authority of India (UIDAI)
is responsible for issuing and managing Aadhaar cards in the country.
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The Aadhaar initiative has been embroiled in several controversies regarding privacy issues. The integration of Aadhaar cards with bank accounts and
UPI
applications has raised several questions concerning the Right to Privacy of a citizen.
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The Supreme Court has ruled that Aadhaar metadata cannot be stored for more than six months. The Aadhaar Act had a provision to store such data for a period of five years. The Court also emphasised that the government must urgently introduce a robust data protection law.
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Certain sections of the Aadhaar Act were declared unconstitutional and struck down. This includes part of section 57, which allowed private corporations to verify Aadhaar data.
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Despite the controversies, the Supreme Court, in its judgement on September 26, 2018, stated that Aadhaar is intended to assist the benefits reach the marginalised sections of society and takes into account the dignity of people not only from a personal but also community perspective. However, it disapproved mandatory linking to a few other sectors and spheres.
Also, refer to the
Important Supreme Court Judgements
from the perspective of the UPSC examination at the linked article.
Concerns with the Right To Privacy and Aadhaar
With the rise in cybercrimes and unlawful data leaks online, one of the major concerns faced by the public was the Right to Privacy, which is a fundamental right for all citizens of the country. Consequently, the Government passed the Data Protection Bill in December 2018, which was based on the judgement passed by the Supreme Court regarding the Right to Privacy.
The government should recognise all aspects of the right to privacy and address concerns about data safety, protection from unauthorised interception, surveillance, use of personal identifiers, and bodily privacy.
If the Government implements the necessary measures as suggested by the Supreme Court of the country, the privacy of the citizens will be preserved. With minimal data and biometrics, the right to privacy of citizens can be maintained.
IAS aspirants can refer to the detailed
UPSC Syllabus
for the prelims and mains exam at the linked article.