Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
the person concerned. The authentication process is not exposed to the Internet world. Security
measures, as per the provisions of Section 29(3) read with Section 38(g) as well as Regulation
17(1)(d) of the Authentication Regulations are strictly followed and adhered to.
(b) There are sufficient authentication security measures taken as well, as demonstrated in Slides 14,
28 and 29 of the presentation.
(c) The Authority has sufficient defence mechanism, as explained in Slide 30. It has even taken
appropriate protection measures as demonstrated in Slide 31.
(d) There is an oversight by Technology and Architecture Review Board (TARB) and Security Review
Committee.
(e) During authentication no information about the nature of transaction etc. is obtained.
(f) The Authority has mandated use of Registered Devices (RD) for all authentication requests. With
these, biometric data is signed within the device/RD service using the provider key to ensure it is
indeed captured live. The device provider RD service encrypts the PID block before returning to the
host application. This RD service encapsulates the biometric capture, signing and encryption of
biometrics all within it. Therefore, introduction of RD in Aadhaar authentication system rules out
any possibility of use of stored biometric and replay of biometrics captured from other source.
Requesting entities are not legally allowed to store biometrics captured for Aadhaar authentication
under Regulation 17(1)(a) of the Authentication Regulations.
(g) The Authority gets the AUA code, ASA code, unique device code, registered device code used for
authentication. It does not get any information related to the IP address or the GPS location from
where authentication is performed as these parameters are not part of authentication (v2.0) and
e-KYC (v2.1) API. The Authority would only know from which device the authentication has
happened, through which AUA/ASA etc. It does not receive any information about at what location
the authentication device is deployed, its IP address and its operator and the purpose of
authentication. Further, the authority or any entity under its control is statutorily barred from
collecting, keeping or maintaining any information about the purpose of authentication under
Section 32(3) of the Aadhaar Act.
153) After going through the Aadhaar structure, as demonstrated by the respondents in the
powerpoint presentation from the provisions of the Aadhaar Act and the machinery which the
Authority has created for data protection, we are of the view that it is very difficult to create profile
of a person simply on the basis of biometric and demographic information stored in CIDR. Insofar
as authentication is concerned, the respondents rightly pointed out that there are sufficient
safeguard mechanisms. To recapitulate, it was specifically submitted that there were security
technologies in place (slide 28 of Dr. Pandeys presentation), 24/7 security monitoring, data leak
prevention, vulnerability management programme and independent audits (slide 29) as well as the
Authoritys defence mechanism (slide 30). It was further pointed out that the Authority has taken
appropriate pro- active protection measures, which included disaster recovery plan, data backup
Indian Kanoon - http://indiankanoon.org/doc/127517806/
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