Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
and availability and media response plan (slide
31). The respondents also pointed out that all security principles are followed inasmuch as: (a) there
is PKI-2048 encryption from the time of capture, meaning thereby, as soon as data is given at the
time of enrolment, there is an end to end encryption thereof and it is transmitted to the Authority in
encrypted form. The said encryption is almost foolproof and it is virtually impossible to decipher the
same; (b) adoption of best-in-class security standards and practices; and (c) strong audit and
traceability as well as fraud detection. Above all, there is an oversight of Technology and
Architecture Review Board (TARB) and Security Review Committee. This Board and Committee
consist of very high profiled officers. Therefore, the Act has endeavoured to provide safeguards67.
67 We may also take on record responsible statements of the learned Attorney General and Mr.
Dwivedi who appeared for UIDAI that no State would be interested in any mass surveillance of 1.2
Billion people of the country or even the overwhelming majority of officers and employees or
professionals. The very idea of mass surveillance by State which pursues what an ANH does all the
time and based on Aadhaar is an absurdity and an impossibility. According to them, the petitioners
submission is based on too many imaginary possibilities, viz.:
(i) Aadhaar makes it possible for the State to obtain identity information of all ANH. It is possible
that UIDAI would share identity information/authentication records in CIDR notwithstanding
statutory prohibition and punitive injunctions in the Act. It is possible that the State would unleash
its investigators to surveil a sizeable section of the ANH, if not all based on the authentication
records. It is submitted that given the architecture of the Aadhaar Act, there are no such possibilities
and in any event, submission based on imaginary possibility do not provide any basis for
questioning the validity of Aadhaar Act. (ii) None of the writ petitions set forth specific facts and
even allegations that any Aadhaar number holder is being subjected to
154) Issue (b) relates to data protection. According to the petitioners there is no data protection and
there is a likelihood of misuse of data/personal information of the individuals.
155) The question to be determined is whether the safeguards provided for the protection of
personal biometric data in the Aadhaar Act and Rules are sufficient. The crucial tasks that the Court
needs to undertake are (i) to discuss the significance of data in the world of technology and its
impact; (ii) to determine the magnitude of protection that should be accorded to collection, storage
and use of sensitive biometric data, so that they can qualify as proportionate; and (iii) to determine
whether the Aadhaar Act and Rules provide such data protection, thereby obviating any possibility
of surveillance.
(i) Significance of Data:
156) Alvin Toffler in his illuminating article titled What will our future be like? has presented mind
boggling ideas. Toffler traces the transition from agriculture society to industry society to knowledge
based society. If we go back to the beginnings of time, surveillance by UIDAI or the Union/States.
The emphasis during the argument was only on the possibility of surveillance based on electronic
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