Centre for Internet and Society

Unpacking Data Protection Law: A Visual Representation

amber — 2018-02-15T13:22:00Z

This visual explainer unpacking data protection law was developed by Amber Sinha (research) and Pooja Saxena (design), and published as part of the Data Privacy Week celebrations on the Privacy International blog. Join the conversation on Twitter using #dataprivacyweek.

Cross-posted from Privacy International blog.

Credits: Flag illustrations, when not created by the authors, are from Ibrandify / Freepik.

For more details visit https://cis-india.org/internet-governance/blog/unpacking-data-protection-law-a-visual-representation

Aadhaar: ‘Safety is regularly evolving‘

Admin — 2018-02-07T16:44:50Z

Experts say the new security features will significantly ensure there is no ‘large-scale theft of people‘s identity‘. Alnoor Peermohamed reports.

The blog post was published in Kaplan Herald on February 5, 2018.

While the introduction of new features such as face authentication, virtual ID, and limited know-your-customer (KYC) by the Unique Identification Authority of India are being seen as reactions to mounting public pressure over the security of Aadhaar, experts, who have helped build the citizen identity system, say these have been in the pipeline for a long time.

Pegged to be fully functional by July 1, the new features will make Aadhaar more secure, but that hasn‘t stopped the UIDAI from drawing flak over the recent issue of rogue agents selling demographic data of individuals.

Moreover, the agency‘s handling of the issue has not inspired confidence among the public and security researchers.

Experts say for a system of Aadhaar‘s size, security is continually evolving.

Lalitesh Katragadda, former head of Google‘s product centre in India and who also helped build Aadhaar, says as a country we need to understand there‘s ‘no such thing as a 100 per cent secure system‘.

While security gaps will always exist, he says it‘s the UIDAI‘s duty to ensure there‘s no ‘large-scale theft of people‘s identity‘.

According to him, the new security features will help significantly in this regard.

Face authentication will be another biometric Aadhaar will begin offering to combat the reportedly high failure rates of fingerprint authentication.

The system will use common Webcams to capture photos of individuals and match them with the existing photo on the UIDAI‘s database.

The system will not use any high-end hardware backed facial recognition like the recently launched iPhone X, which the company claims is more accurate than its previous fingerprint authentication technology.

The UIDAI will work around this issue by clubbing face authentication with other forms of authentication — fingerprint, iris scan or a one-time password sent to a user‘s mobile phone.

While it isn‘t known how exactly the feature will be built into apps relying on Aadhaar authentication, Srikanth Nadhamuni, the former chief technology officer of Aadhaar, envisions a scenario where a photo of an individual could be captured and matched when fingerprint authentication fails, in order to improve the probability of a match.

But even this isn‘t a foolproof plan, some believe.

“Your face is again a biometric, and that comes with the same host of issues that is plaguing the other biometrics that have so far been used,” says Sunil Abraham, executive director at the Bengaluru-based think-tank, Centre for Internet and Society.

For more details visit https://cis-india.org/internet-governance/news/kaplan-herald-february-5-2018-aadhaar-safety-is-regularly-evolving

To protect data, don’t opt for plastic or laminated Aadhaar card: UIDAI

Admin — 2018-02-07T01:00:00Z

Unauthorized printing of Aadhaar cards could render the QR (quick response) code dysfunctional or even expose personal data without an individual’s informed consent, UIDAI says.

The article by Komal Gupta was published by Livemint on February 7, 2017

To protect information provided by holders of Aadhaar, the Unique Identification Authority of India (UIDAI) on Tuesday cautioned people against opting for plastic or laminated “smart” cards.

Unauthorized printing of the cards could render the QR (quick response) code dysfunctional or even expose personal data without an individual’s informed consent, it said in a statement on Tuesday.

Besides, opting for plastic or laminated cards opened up the possibility of Aadhaar details (personal sensitive demographic information) being shared with devious elements without the informed consent of holders, the statement added.

According to UIDAI, the Aadhaar letter sent by it, a cutaway portion or downloaded versions of Aadhaar on ordinary paper or mAadhaar are perfectly valid.

“If a person has a paper Aadhaar card, there is absolutely no need to get his/her Aadhaar card laminated or obtain a plastic Aadhaar card or so called smart Aadhaar card by paying money. There is no concept such as smart or plastic Aadhaar card,” UIDAI chief executive officer Ajay Bhushan Pandey said in a statement.

Printing Aadhaar on a plastic/PVC sheet privately can cost anywhere between Rs50 and Rs300 or more, UIDAI said. It added that a printout of the downloaded Aadhaar card, even in black and white, is as valid as the original Aadhaar letter sent by UIDAI.

It added that in case a person loses his Aadhaar card, he can download the card free from https://eaadhaar.uidai.gov.in.

Pandey asked holders not to share Aadhaar number or personal details with unauthorized agencies for getting the card laminated, or printed on plastic.

The agency also directed unauthorized agencies not to collect Aadhaar information from people, reminding them that collecting such information or unauthorized printing of Aadhaar card is a criminal offence punishable with imprisonment.

“I feel a lot more has to be done by UIDAI. Sadly, by encouraging people to rely on printed Aadhaar ‘cards’, UIDAI is ending up with the worst of both worlds with respect to personal data protection: photocopies of so-called Aadhaar cards/letter are being circulated to facilitate identity fraud as well as the kind of dangerous personal data disclosures that centralized databases enable,” said Pranesh Prakash, policy director at think tank Centre for Internet and Society.

Last month, UIDAI put in place a two-layer security to reinforce privacy protections for Aadhaar holders—it introduced a virtual identification so that the actual number need not be shared to authenticate their identity. Simultaneously, it further regulated the storage of the Aadhaar numbers within various databases.

For more details visit https://cis-india.org/internet-governance/news/livemint-komal-gupta-february-7-2017-to-protect-data-dont-opt-for-plastic-or-laminated-Aadhaar

CIS Submission to the Committee of Experts on a Data Protection Framework for India

amber — 2018-04-18T16:39:11Z

This submission presents comments by the Centre for Internet and Society, India (“CIS”) on the ‘White Paper of the Committee of Experts on a Data Protection Framework for India’ (“White Paper”) released by the Ministry of Electronics and Information Technology. The White paper was drafted by a Committee of Expert (“Committee”) constituted by the Ministry. CIS has conducted research on the issues of privacy, data protection and data security since 2010 and is thankful for the opportunity to put forth its views. The submission was made on January 31, 2018.

The submission is divided into four parts — I. Preliminary, II. Scope and Exemption, III. Grounds of Processing, Obligations of Entities and Individual Rights and IV. Regulation and Enforcement. The submission follows the same the order as adopted by the White Paper.

Please access the full submission here.

For more details visit https://cis-india.org/internet-governance/blog/cis-submission-to-the-committee-of-experts-on-a-data-protection-framework-for-india

Submission to the Committee of Experts on a Data Protection Framework for India

amber — 2018-02-05T13:39:00Z

For more details visit https://cis-india.org/internet-governance/submission-to-the-committee-of-experts-on-a-data-protection-framework-for-india

Aadhaar's new security measures are good, it is still work in progress

Admin — 2018-01-26T01:52:51Z

Here's a rundown of the three new features that the UIDAI will introduce to make Aadhaar seemingly more secure.

The article by Alnoor Peermohamed was published in Business Standard on January 25, 2018.

While public pressure over the security of Aadhaar might have forced the Unique Identification Authority of India (UIDAI) to introduce new features such as face authentication, virtual ID and limited KYC, experts who have worked on the system say such updates are incremental and need to keep happening.

Be it Google, Facebook or Aadhaar, a digital system serving billions of people needs to remain secure for which it continually has to evolve, sometimes adapting to issues that are found. The three new features will certainly help improve security, but many questions still remain over how the UIDAI will tackle the recently highlighted issue of rogue Aadhaar agents.

An article in the Tribune newspaper which claimed that Aadhaar information of individuals was on sale for as little as Rs 500, sparked off the biggest security scare against the digital identity keeper in a while. Even though the UIDAI asserted that its systems had not been breached, proof that Aadhaar details of an individual could be bought had been delivered. The agency has also not inspired confidence among public and security researchers with the way it has responded to Aadhaar data that has been put in public domain in violation of privacy of individuals.

"As an economy and an ecosystem, we have to understand that there is no such thing as a 100 percent secure system. When it was on paper it was not secure and now that it is digital, it is not a 100 percent secure. Security gaps may exist, but those should not cause large-scale theft of people's identity or cause significant damage. It's an arms race and this means that Aadhaar has to improve constantly," says Lalitesh Katragadda, former head of Google's product centre in India who has helped build Aadhaar.

Here's a rundown of the three new features that the UIDAI will introduce to make Aadhaar seemingly more secure:

Face Auth

Face Authentication or 'Face Auth' is an additional biometric that the UIDAI will roll out in order to cut down on the number of failed attempts which is increasingly being highlighted as an issue. By matching a user's face, captured through a camera at the time of authentication to the image of their face which was taken at the time of Aadhaar enrolment, the identity of an individual can be more accurately verified.

Facial recognition in the consumer landscape has once again been popularised by Apple's latest iPhone X device that uses an array of sensors and infrared light to map a person's face in three dimensions. The company claims this is more accurate than its previous fingerprint-based TouchID technology, but this isn't the case with UIDAI's facial recognition technology.

The UIDAI will utilise webcams and low-end hardware to enable Face Auth and therefore the conscious decision to use a person's face in conjunction to another layer of authentication - fingerprint, iris scan or a one-time password sent to the user's registered mobile device was taken.

How exactly applications built on Aadhaar will utilise this new Face Auth feature is not known yet, and neither are the technical specifications. Srikanth Nadhamuni, the former Chief Technology Officer of Aadhaar, envisions a scenario where a farmer using Aadhaar to get his PDS witnesses a failure to authenticate using his fingerprint, prompting the application to capture his photo and check whether it matches with the existing photo on the UIDAI's database.

Activists, however, point out that it's far easier to fake facial recognition software, which in some cases get fooled into giving out positives by simply holding photos of the user in front of a camera. "At the end of the day your face is again biometric, and that comes with the same host of issues that are plaguing the other biometrics that has so far been used," says Sunil Abraham, Executive at Bengaluru-based think tank Centre for Internet and Society (CIS).

Virtual ID

As its name suggests, Virtual ID gives users a stand-in for their 12-digit Aadhaar number if they're worried that it will be stolen, leaked online or misused in any way. Any Aadhaar user will be able to log into an online portal, visit an Aadhaar enrollment centre or use the mAadhaar app to generate a 16-digit Virtual ID.

By virtue, the UIDAI has built the Virtual ID to be temporary and a user can ask for any number of Virtual IDs - when a new one is generated, the old one is destroyed and can even be assigned to another user. The key here is that only the UIDAI will be able to make the link to a Virtual ID and Aadhaar number and no-one else.

After years of arguing that leaking of the Aadhaar number itself wasn't an issue, the UIDAI is finally giving users a tool that allows them to keep their Aadhaar number private. While Abraham agrees that the feature will make Aadhaar safer, he says its effectiveness will only be valid if a user opts in as it has not been made a feature by design.

Nadhamuni argues on the contrary, that making Virtual ID a mandatory process would hurt more people than it helps. "A lot of people in rural India are using their Aadhaar for authentication of PDS and MNREGA and so on and it's working for them.

You don't want to confuse all of them and ask them to create yet another number. You'd have to make a farmer understand the concept of Virtual ID when he's completely happy with the way things are today," he says.

Limited KYC

The process of KYC (Know Your Customer) through Aadhaar has all along given public bodies and private companies access to a user's details such as name, age, sex, address and photograph. With limited KYC, the UIDAI will categorise a body seeking aadhaar details into two buckets, ones that get the full information and ones with whom only partial information is shared.

Realising that not all bodies or companies need all the Aadhaar details, is the biggest change that Limited KYC will bring in. The idea is that the fewer places a person's Aadhaar details are stored, the fewer chances of it leaking. Moreover, by giving only critical services full Aadhaar details the UIDAI is hoping it will eliminate its problem of having to share details with less secure systems.

Limited KYC will also bring in a tokenized system for agencies to ensure uniqueness while not storing a user's Aadhaar number on their databases. A 72 digit alphanumeric UID Token will be generated at the time of authentication which only UIDAI will be able to map back to a particular Aadhaar number. However, there isn't clarity on who will be exempt from this as there is word that banks and tax authorities will be allowed to store user Aadhaar numbers.

The UID Tokens will also be backdated, meaning all previous KYC attempts a user had made with a particular body or company will also be migrated to the new system, ensuring that if two databases leak, the perpetrators are not able to easily use Aadhaar numbers to match users and improve the quality of the data they've stolen. Some details on this are still missing though.

Security: Work in Progress

Experts who worked on building Aadhaar say that such features were discussed during the very inception of the national biometric database, but were not rolled out until now to avoid complexity. Katragadda, who has worked on building many large APIs at Google agrees that all large systems avoid complexity during the kickoff and add them based on needs of users later.

Like him, both Nadhamuni and even Abraham agree that the new features will make Aadhaar more secure, while the latter had his reservations on how secure it would be which only the fine print would reveal. The experts also agree that the public discourse which Aadhaar security has taken is a good thing, since the digital security of over a billion people is now public discussion.

"Security breaches are like earthquakes. It's better to have many tiny tremors than be oblivious to gaps in our system and lose everything with that one massive earthquake. So it's better to have our ears close to the ground, have ethical hacking competitions where we ask people to hack the Aadhaar system, find gaps in security. The best APIs in the world do this," says Katragadda.

He adds that India should not be scared to build large digital systems for public good in the fear that there will be security breaches. Even the paper based system before Aadhaar had several security lapses, but were not visible. "Otherwise we need to have this holy grail of a system which is perfectly automated and we're at least 20 years away from full robotics," he adds.

For more details visit https://cis-india.org/internet-governance/news/business-standard-january-25-2018-alnoor-peermohamed-aadhaars-new-security-measures-are-good-it-is-still-work-in-progress

Data Protection: We can innovate, leapfrog

sunil — 2018-01-22T01:45:46Z

About 27% of India's population is still illiterate or barely literate. Most privacy policies and terms of services for web and mobile applications are in English and therefore it is only 10% of us who can actually read them before we provide our consent.

The article was published in the Deccan Herald on January 20, 2018.

Even if we can read them, we may not have the necessary legal training to understand them. According to a tweet thread by Pat Walshe (@privacymatters), the Tetris app, a popular video game, has a privacy policy that details the third-party advertising companies that they share data with. These third-parties include "123 Ad Networks; 13 Online Analytics companies; 62 Mobile Advertising Networks; 14 Mobile Analytics companies. The linked privacy policies for Tetris run to 407,000 words, compared to 450,000 words for the entire 'Lord of the Rings trilogy'." The child aged four and above that plays the game and her parents need an intermediary to deal with the corporations hiding behind Tetris.

Unlike the European Union, which has more than 37 years of history when it comes to data protection law, India is starting with a near blank slate after the Supreme Court confirmed that privacy is a constitutionally-guaranteed fundamental right in the Puttaswamy case judgement. While we would want to maintain adequacy and compatibility with the EU General Data Protection Regulation (GDPR) because it has become the global standard, we must realise that there is an opportunity for leapfrogging. This article attempts to introduce the reader to three different visions for intermediaries that have emerged within the Indian data protection debate around the accountability principle. I will also provide a brief sketch of an idea that we are developing at the Centre for Internet and Society. This is an incomplete list as there must be more proposals for regulatory innovation around the accountability principle that I am currently unaware of.

n Account Aggregators: The 'India Stack' ecosystem that has been built around the Aadhaar programme first proposed intermediaries called Account Aggregators. Account Aggregators manage consent artifacts. India Stack has traditionally been described as having four layers -- presenceless, paperless, cashless and consent. The consent layer is supposed to feature Account Aggregators. If, for example, a data subject wanting an insurance policy visits an insurance portal, the portal would collect personal information and a consent artifact from her and pass it on to multiple insurance companies. These insurance companies would send personalised bids to the portal, which would be displayed on a comparative grid to enable empowered selection.

The data structure consent artifact has been provided in the Master Direction from RBI titled "Non-Banking Financial Company Account Aggregator Directions," published in September 2016. How does this work? The fields includes (i) identity and optional contact information; (ii) nature of the financial information requested; (iii) purpose; (iv) the identity of the recipients, if any; (v) URL/address for notifications when the consent artifact is used; (vi) consent artifact creation date, expiry date, identity and signature/digital signature of the Account Aggregator; and (vii) any other attribute as may be prescribed by the RBI. While Account Aggregators make it frictionless for the grant of consent and also for the harvesting of consent by data controllers, it does not make it easy for you to manage and revoke your consent.

n Data Trusts: Most recently, Na.Vijayashankar, a Bengaluru-based cybersecurity and cyberlaw expert, has proposed intermediaries called 'Data Trusts' registered with the regulator and who (i) will work as escrow agents for the personal data (which would be classified by type for different degrees of protection); (ii) will make privacy notices accessible by translating them into accessible language and formats; (iii) disclose data minimally to different data controllers based on the purpose limitation; (iv) issue tokens or pseudonymous identifiers and monetise the data for the benefit of the data subject. To ensure that Data Trusts truly protect the interests of the data subject, Vijayashankar proposes three requirements: (a) public performance reviews (b) audits by the regulator and (c) "an arms-length relationship with the data collectors." In his proposal, Data Trusts are firms with "the ability to process a real-time request from the data subject to supply appropriate data to the data collector."

n Learned Intermediaries: The Takshashila Institution published a paper titled Beyond Consent: A New Paradigm for Data Protection, authored by Rahul Matthan, partner at the law firm Trilegal. Learned Intermediaries would perform mandatory audits on all data controllers above a particular threshold. Like Vijayashankar, Matthan also requires these intermediaries to be certified by an appropriate authority. The main harm that he focuses on is, bias or discrimination. He proposes three stages of audit which are designed for the age of Big Data and Artificial Intelligence: "(i) Database Query Review; (ii) Black Box Audits; and (iii) Algorithm Review". Matthan also tentatively considers a rating system. Learned Intermediaries are a means to address information asymmetry in the market by making data subjects more aware. The impact of churn on their bottom-lines, it is hoped, will force data controllers to behave in an accountable manner, protecting rights and mitigating harms.

n Consent Brokers: Finally, I have proposed the model of a 'Consent Broker' by modifying the concept of the Account Aggregator. Like the Account Aggregator proposal, we would want a competitive set of consent brokers who will manage consent artifacts for data subjects. However, I believe there should be a 1:1 relationship between data subjects and consent brokers so that the latter compete for the business of data subjects. Like Vijayashankar, I believe that the consent broker must have an "arms-length distance" from data controllers and must be prohibited from making any money from them. Consent brokers could also be trusted to take proactive actions for the data subjects, such as access and correction.

The need of the hour is the production of regulatory innovations and robust discussions around them for all the nine privacy principles in the Justice AP Shah committee report -- notice, choice and consent, collection limitation, purpose limitation, access and correction, disclosure of information, security, openness and accountability.

For more details visit https://cis-india.org/internet-governance/blog/deccan-herald-january-20-2018-sunil-abraham-data-protection-we-can-innovate-leapfrog

Aadhaar-privacy debate: How the 12-digit number went from personal identifier to all pervasive transaction tool

Admin — 2018-01-18T15:01:48Z

Depending on who you ask, the Aadhaar is either a convenience or a curse.

The article was published by First Post on January 18, 2018.

The ongoing hearing in the Supreme Court is testing the constitutional validity of a scheme that has been around in one shape or another since 2003, ever since the need for an identification project was first felt.

By the government's own estimates, the Aadhaar initiative has covered 98 percent of the adult population in India and, as of 7 September, the Unique Identification Authority of India (UIDAI) has generated cards for 105.11 crore people. So, if you are an Indian adult, chances are that you possess an Aadhaar card by now.

The Aadhaar database is one of the largest government databases on the planet, where a 12 digit unique-identity number has been assigned to the majority of the Indian citizens. This database contains both the demographic as well as biometric data of the citizens.

What started as a unique identification number to streamline the distribution of welfare to the needy has now turned into an all-pervasive tool that can arm the government with sensitive data of all Indians. At the heart of this issue is the sheer quantity of data being amassed as part of the scheme and the many privacy and security concerns generated as a result of it.

The Aadhaar of today, in addition to basic personal information, includes biometric data like your fingerprints, your iris scan and now even your facial scans (albeit introduced as a safety feature). This is designed to address the issue of failed biometric authentication, as an alternative for people having difficulty authenticating, due to factors like worn out fingerprints, or changing biometric data due to old age, hard work conditions, accidents and the like.

But what it fails to address is the growing unease among citizens about the scale of the project, its intent, and the actual legality of enabling such an architecture, which could threaten the citizens with the possibility of State surveillance.

The sheer amount of private and confidential data amassed in one singular database has given rise to concerns over data security and its privacy.

However, worst fears about Aadhaar have come true after the developments that have happened over the past few weeks. A recent investigation by The Tribune revealed that the details of any of the billion Aadhaar numbers issued in India were accessible for as little as Rs 500.

Since then, the UIDAI and every other government machinery have been in top gear, trying to allay the fears around Aadhaar. It even introduced a flurry of steps to make sure that the database is safe and secure, and that the data is protected. But not everyone is convinced. Critics say, biometrics only make the citizen transparent to the State and that it does not make the State transparent to citizens.

"We warned the government six years ago, but they ignored us," Sunil Abraham, executive director of Bengaluru-based research organisation, Centre for Internet and Society, was quoted by The Hindu Business Line as saying.

According to him, the legislation implementing Aadhaar has almost no data protection guarantees for citizens. He also believes that by opting for biometrics instead of smart cards the government is using surveillance technology instead of e-governance technology.

On the other hand, finance minister Arun Jaitley said recently that an Aadhaar card could become the sole identifier for a person in future. "A stage may come that the unique identity will become the only card," Jaitley said. "There are many countries where such a situation exists. There is a social security number in America and in India it (Aadhaar) could be the counterpart."

Since its inception, the Aadhaar was always pitched as a scheme integral to the modernisation of social welfare in India.

But, according to a Scroll report, state governments are struggling to use Aadhaar-based fingerprint authentication in ration shops. Whereas, at the same time, a rising number of companies are integrating Aadhaar into their databases for private services that have nothing to do with the welfare delivery system.

So, why is the scheme failing at the very job it was created for, while proving useful to private endeavours elsewhere? Why did the BJP, a dispensation critical of Aadhaar in 2014, make a complete u-turn and become a champion for a cause backed by the UPA in its time? Are the security, privacy concerns a small price to pay for better delivery of welfare schemes or is it an instrument of surveillance and a potential goldmine for hackers?

The debate around Aadhaar and the explanations for its need and/or threats are biased, incomplete and solely depend on who you ask. Therefore, it might do well to trace the roots of the Aadhaar mission and retrace its critical moments.

Origins of Aadhaar

According to the Scroll report, India first fiddled with the idea to assign numbers to people in 2003, in the aftermath of the Kargil war.

With rising security concerns, the then BJP government under Atal Bihari Vajpayee wanted every Indian citizen to be accounted for. This desire eventually took the shape of the National Population Register, that aimed to identify citizens amongst the country's residents.

The Citizenship Act was amended in 2004 by the incumbent Congress government to make way for the National Population Register (NPR).

The second and major push for an identity project was introduced subsequently by the UPA-1 government in late 2008. With welfare spending on the rise, adds the report, bureaucrats in the erstwhile Planning Commission were worried about leakages.

Thus, the idea of constituting an authority that would aggregate all databases of social welfare programmes to create a mother database emerged.

Such a database would "weed out ghosts and duplicates so that a person who gets the LPG subsidy doesn’t also get the kerosene subsidy," Scroll quoted a former UIDAI official as saying, on conditions of anonymity.

Eventually, in 2009, Aadhaar, or UIDAI, surfaced as a 12-digit identification number that served as proof of identity and address — meaning, it applies to all residents whether they are citizens or not, unlike with the NPR. Biometric data was not in the picture at this time.

And then, in 2016, the Centre notified the new Aadhaar Act, which gives the unique identity number assigned to each Indian citizen statutory backing. The idea of this Act was to empower Aadhaar with legal backing for the purpose of transferring subsidies and government benefits to beneficiaries through designated bank accounts.

The government said in a notification that the Aadhaar (Targeted Delivery of Financial and other Subsidies, benefits and services) Act, 2016 will provide “efficient, transparent, and targeted delivery of subsidies, benefits and services, the expenditure for which is incurred from the Consolidated Fund of India, to individuals residing in India through assigning of unique identity numbers to such individuals."

Another interesting aspect of the Aadhaar debate is the politics of it all. The Opposition, BJP back then and UPA now, has shaped much of the debate against the use of Aadhaar. But one thing that stands out in this melee is that many in the current dispensation, who are currently the biggest proponents of the scheme, had once opposed it vehemently.

"The people who thought of themselves as having given birth to IT in this country refused to listen to a common man like me. Even the SC has demanded answers,” Narendra Modi had famously said when he was the Gujarat chief minister. He had alleged that the Aadhaar programme was a bundle of lies to loot the country’s treasury.

In 2014, Modi had tweeted: "On Aadhaar, neither the team that I met nor PM could answer my Qs on security threat it can pose. There is no vision, only political gimmick."

So, how was it that one of Aadhaar's most vehement opponents became its biggest proponent?

According to a report in The Hindu Business Line, the destiny of the Aadhaar scheme was shaped by two meetings – between Nilekani and Modi with Jaitley, and the second with Vijay Madan, the UIDAI director general and mission director.

Through the course of these meetings, the potential savings from plugging subsidy leakageswas put across to Modi, a figure of "up to ₹50,000 crore a year".

Modi in his keenness to showcase the arrival of "acche din", the report adds, immediately sought a 100-crore enrolment target at the ‘earliest’, putting paid to speculations that the new government would shelve the UIDAI project.

Thus, the current Aadhaar project was born.

Inclusion of biometric data

Although an extension of UPA's idea, the new Aadhaar act had some crucial differences:

- As per the new Act, "any person who has resided in India for 182 days (in the one year preceding the application for Aadhaar)". The UPA's Bill said any person residing in India.

- Further, the new Act says that the number can be used to verify the identity of any person, for any purpose, by any public or private entity. In the UPA's Bill, no such provision was there.

- The new Act stipulated all these identity facets to be maintained: photograph, biometric information (iris scan and fingerprint), demographic information (name, date of birth, address but excludes race, religion, caste, etc.), and Aadhaar number. The authority may specify any other biological and demographic information to be collected.

Data security debate

Over the last one year, there have been multiple instances of Aadhaar data leaking online through government websites or its mobile app. The most recent case was when an RTI query pushed UIDAI to reveal that about 210 government websites made the Aadhaar details of people with Aadhaar, public on the internet.

Centre for Internet and Society (CIS) also pointed out that about 130 million Aadhar numbers along with other sensitive data were available on the internet.

The recent Tribune report has only highlighted the deeper, infrastructural fallibility of singular mega-database of sensitive data.

As per this Firstpost piece, the UIDAI's response to such an obvious data breach and violation of privacy is extremely worrying. It is yet another reiteration of the privacy concerns with Aadhaar, and the constant denial of privacy concerns by the UIDAI instead of sitting up and addressing the problem at hand.

The large-scale collection of data and the binding of said data with almost all services raises a pertinent question: Is the government capable of safeguarding the massive amounts of data collected as part of the Aadhaar project? The answer, again, depends on who you ask.

Concerns over privacy

Apart from the security concerns, Aadhaar has brought up a question of the citizen's privacy, given that access to such sensitive data empowers the government to keep a close scrutiny of a person's financial, personal information.

The Supreme Court had held recently that privacy is a fundamental right under the Constitution with reasonable restrictions. This decision is bound to impact the Aadhaar project in one way or another, as collectively biometric data of citizens can be construed as a violation of said right.

The Supreme Court started hearing the crucial cases related to the constitutional validity of Aadhaar on Wednesday. A five-judge bench heard the arguments of the petitioner, maintaining that the government's mandatory biometric identification project is, in essence, seeking to change a people's Constitution into State's Constitution.

The petitioners made submissions ranging from the Standing Committee's observations, to the precedents as adopted by other nations to pointing out basic moral and administrative defects in amassing biometric data of citizens on such a large scale, perhaps trying to patiently drive the point that the Aadhaar project can never be safely assumed to be leakproof, hence safe, ergo, legal.

The petitioner also argued that Aadhaar could lead to millions of people being denied access to essential services and benefits in violation of their human rights, as he pointed out that biometric details of almost 6.2 crore people have been rejected, mainly due to calloused hands and fingertips, wherein biometric data could not be recorded.

"These are not dishonest people or ghosts," he said. Even the Standing Committee report on Aadhaar points out: "..it has been proven again and again that in the Indian environment, the failure to enrol with fingerprints is as high as 15 percent due to the prevalence of a huge population dependent on manual labour. These are essentially the poor and marginalised sections of the society. So, while the poor do indeed need identity proofs, Aadhaar is not the right way to do that"

In December 2017, the court had extended the deadline for mandatory linking of Aadhaar with various services and welfare schemes till 31 March, 2018. It had also modified its earlier order with regard to linking Aadhaar with mobile services and said the deadline of 6 February, 2018 for this purpose also stood extended till 31 March.

Right to Privacy and its effect on Aadhaar

In August 2017, the Supreme Court in a unanimous 9:0 judgment had declared the Right to Privacy to be a Fundamental Right. It was hailed as a big victory for pro-privacy advocates who could now point to the Constitutional Bench judgment should the right ever be questioned.

However, the judgment only established the theoretical Right to Privacy. It removed the earlier hurdles of the cases of MP Sharma and Kharak Singh which had held Right to Privacy not to be a Fundamental Right. However, the actual freedoms protected by the Right had to be enshrined into in separate judgments.

As far Aadhaar is concerned, the judgment did not invalidate it in any way. However, it did give a boost to anti-Aadhaar arguments which rely on privacy as now the government can no longer say that there is no Right to Privacy.

With 1.08 billion citizens already enrolled, the ‘mandatory vs. voluntary’ debate on Aadhaar is now mostly a thing of the past. What remains to be seen now is how the Supreme Court will rule on the constitutional validity of the Aadhaar and if the government will be willing to reform/modify the current scheme to allay fears over data security and privacy in order to retailer the project to meet its original goal, the timely and secure delivery of welfare to those who need it.

With inputs from agencies

For more details visit https://cis-india.org/internet-governance/news/first-post-january-18-2018-aadhaar-privacy-debate-how-the-12-digit-number-went-from-personal-identifier-to-all-pervasive-transaction-tool

Another Step towards Privacy Law

elonnai — 2018-01-18T01:50:59Z

A comparison between the 2012 experts’ report and the 2017 white paper on data protection.

The column was published in Governance Now in January 15, 2018 issue.


(Illustration: Ashish Asthana)

On July 31 the ministry of electronics and information technology (MeitY) constituted a committee of experts, headed by justice (retired) BN Srikrishna, to deliberate on a data protection framework for India. The committee is another step in India’s journey in formulating a national-level privacy legislation.

The formulation of a privacy law started as early as 2010 with an approach paper for a legislation on privacy towards envisioning a privacy framework for India. In 2011, a bill on right to privacy was drafted. In 2012 the planning commission constituted a group of experts, with justice (retired) AP Shah as its chief, which prepared a report recommending a privacy framework.

A month after the formation of the committee, in August, the sectoral regulator, Telecom Regulatory Authority of India (TRAI), released the consultation paper, ‘Privacy, Security and Ownership of the Data in the Telecom Sector’. In the same month, the supreme court in a landmark decision recognised privacy as a fundamental right.

In November 2017, the expert group released a ‘White Paper of the Committee of Experts on a Data Protection Framework for India’ to solicit public comments on the contours of a data protection law for India.

To understand the evolution of the thinking around a privacy framework for India, this article outlines and analyses common themes and differences between (a) the 2012 group of experts’ report, and the 2017 expert committee’s white paper.

The white paper seeks to gather inputs from the public on key issues towards the development of a data protection law for India. The paper places itself in the context of the NDA government’s Digital India initiative, the justice Shah committee report, and the judicial developments on the right to privacy in India. It is divided into three substantive parts: (1) scope and exemptions, (2) grounds of processing, obligation and entities, individual rights, and (3) regulation and enforcement. Each part is comprised of deep dives into key issues, international practices, preliminary views of the committee, and questions for public consultation.

Broadly, the 2012 report defined nine national-level privacy principles and recommended a co-regulatory framework that consisted of privacy commissioners, courts, self-regulating organisations, data controllers, and privacy officers at the organisational level. At the outset, the 2017 white paper is different from that report simply by the fact that it is a consultation paper soliciting views as compared to a report that recommends a broad privacy framework for India. In doing so, the white paper explores a broader set of issues than those discussed in the justice Shah report – ranging from the implications of emerging technologies on the relevance of traditional privacy principles, data localisation, child’s consent, individual participation rights, the right to be forgotten, cross-border flow of data, breach notification etc. Given that the white paper is a consultation paper, this article examines the provisional views shared in it with the recommendations of the 2012 report.

Key areas that the both the documents touch upon (though not necessarily agree on) include:

Applicability

The 2012 report of experts recommended a privacy legislation that extends the right to privacy to all persons in India, all data that is processed by a company or equipment located in India, and to data that originate in India.

Provisional views in the white paper reflect this position, but also offer that applicability could be in part determined by the legitimate interest of the state, carrying on a business or offering services or goods in India, and if, despite location, the entity is processing the personal data of Indian citizens. The provisional views also touch upon retrospective application of a data protection law and agree with the 2012 report by recommending that a law apply to privacy and public bodies. They also go a step further by recommending specific exemptions in application for well defined categories of public or private entities.

Exceptions

The experts’ report defined the following exceptions to the right to privacy: artistic and journalistic purposes, household purposes, historic and scientific research, and the Right to Information. Exceptions that must be weighed against the principles of proportionality, legality, and necessary in a democratic state included: national security, public order, disclosure in public interest, prevention, detection, investigation, and prosecution of criminal offences, and protection of the individual or of the rights and freedoms of others.

Provisional views in the 2017 white paper broadly mirror the exemptions defined in the experts’ report, but do not weigh exceptions related to national security and public interest etc. against the principles of proportionality, legality, and necessary in a democratic state and instead explored a review mechanism for these exceptions.

Consent

Provisional views in the white paper on consent note that aspects of consent should include that it is freely given, informed and specific and that standards for implied consent need to be evolved.

Though the 2012 experts’ report defined a principle for choice and consent, this principle did not define aspects of what would constitute valid consent, yet it did incorporate an opt-out mechanism.

Notice

Provisional views in the white paper hold that notice is important in enabling consent and explore a number of mechanisms that can be implemented to effect meaningful notice such as codes of practice for designing notice, multilayered notices, assessing notices in privacy impact assessments, assigning ‘data trust scores’ based on their data use policy, and having a ‘consent dashboard’ to help individuals manage their consent across entities.

These views build upon and complement the principle of notice defined in the 2012 report which defined components of a privacy policy as well as other forms of notice including data breach (also addressed in the white paper) and legal access to personal information.

Purpose limitation/minimisation

Provisional views in the white paper recognise the challenges that evolving technology is posing to the principle of purpose limitation and recommend that layered privacy policies and the standard of reasonableness can be used to contextualise this principle to actual purposes and uses.

Though the 2012 report defined a purpose limitation principle, the principle does not incorporate a standard of reasonableness or explore methods of implementation.

Data Retention and Quality

Provisional views in the white paper suggest that the principles of data retention and data quality can be guided by the terms “reasonably and necessary” to ensure that they are not overly burdensome on industry.

The 2012 report of experts briefly touched on data retention in the principle of purpose limitation –holding that practices should be in compliance with the national privacy principles.

Right to Access

Provisional views in the white paper recognise the importance of the right confirmation, access, and rectify personal information of the individual, but note that this is increasingly becoming harder to enforce with respect to data that is observed behavioral data and derived from habits. A suggested solution is to impose a fee on individuals for using these rights to deter frivolous requests.

Though the 2012 report defined a principle of access and correction it did not propose a fee for using this right and it included the caveat that if the access would affect the privacy rights of others, access may not be given by the data controller.

Enforcement Mechanisms

Provisional views in the 2017 white paper broadly agree with the appropriateness of the model of co-regulation and development of codes of practice as suggested in the 2012 report. Within the system envisioned in the 2012 report of experts, self-regulating organisations at the industry level will have the ability to develop industry specific norms and standards in compliance with the national privacy principles to be approved by the privacy commissioner.

Accountability

The provisional views of the white paper go beyond the principle of accountability defined in the 2012 report by suggesting that data controllers should not only be held accountable for implementation of defined data protection standards, but in defined circumstances, also for harm that is caused to an individual.

Additional Obligations and Data Controllers

Provisional views in the white paper suggest the following mechanisms as methods towards ensuring accountability of specific categories of data controllers: registration, data protection impact assessment, data audits, and data protection officers that are centres of accountability.

The 2012 experts’ report also envisioned impact assessments and investigations carried out by the privacy commissioner and the role of a data controller, but did not explore registration of these entities.

Authorities and Adjudication

The both documents are in agreement on the need for a privacy commissioner/data protection authority and envision similar functions such as conducting privacy impact assessments, audits, investigation, and levying of fines. The white paper differs from the 2012 experts’ report in its view that the appellate tribunals under the IT Act and bodies like the National Commission Disputes Redressal Commission could potentially be appropriate venues for adjudicating and resolving disputes.

Though the 2012 experts’ report recommended that complaints can be issued through an alternative dispute resolution mechanism, to central and regional level commissioners, or to the courts – for remedies– enforcement of penalties should involve district and high-level courts and the supreme court. The 2012 report specified that a distinct tribunal should not be created nor should existing tribunals be relied upon as there is the possibility that the institution will not have the capacity to rule on a broad right of privacy. Individuals that can be held liable by individuals include data controllers, organisation directors, agency directors, and heads of governmental departments.

Penalty and Remedy

The white paper goes much further in its thinking on penalties, remedies and compensation than the 2012 report of experts – discussing potential models for calculation of civil penalties including nature and extent of violation of the data protection obligation, nature of personal information involved, number of individuals affected, whether infringement was intentional or negligent, measures taken by the data controller to mitigate the damage, and previous track record of the data controller.

The white paper is a progressive and positive step towards formulating a data protection law for India that is effective and relevant nationally and internationally. It will be interesting to see the public response to it and the response of the committee to the inputs received from the consultation as well as how the final recommendations differ, build upon, and incorporate previous policy steps towards a comprehensive privacy framework for India.

For more details visit https://cis-india.org/internet-governance/blog/governance-now-elonnai-hickok-another-step-towards-privacy-law-data-protection

Token security or tokenized security?

Admin — 2018-01-17T00:17:41Z

Implementing a system of tokenization for Aadhaar verification will address the security loopholes highlighted in recent reports.

The article by Manasa Venkataraman and Ajay Patri was published in Livemint on January 9, 2018.

Those who were reassured that the Aadhaar architecture is safe and secure have faced a few rude shocks lately. First, there was the recent report in The Tribune on how one of its reporters was easily able to log in to the Aadhaar website and access any enrolled Indian’s personal information, all for a grand fee of Rs500. While the veracity of this report is still being contested by the Unique Identification Authority of India (UIDAI), it has stirred panic over the security of personal data entrusted to the government. This came close on the heels of reports last month that a telecom company was utilizing the eKYC (know your customer) data of its mobile subscribers to open payment bank accounts without their consent.

These two instances highlight scenarios where data from the Aadhaar database is vulnerable. In the first, the weaknesses in security measures and processes around the database leave information susceptible to an attack. In the second, providing third-party entities loosely regulated access to an individual’s data leaves scope for abuse.

There is a need to protect the data belonging to individuals in these situations, providing the government with two possible policy options: it can choose to either overhaul the Aadhaar architecture completely, or it can build in additional security measures to ensure that individual data is not compromised.

Uninventing Aadhaar is not a practical proposal. It would have to include repealing the statute on Aadhaar, disbanding the database already created, and figuring out alternative means of delivering the services that are now dependent on Aadhaar. A more sustainable way forward is to better secure Aadhaar. This will involve not only the secure collection and storage of personal data, but also a safe regulation of the manner in which third parties use it for authentication.

One way to protect Aadhaar-related communications is to channel them through a secure conduit. This can be achieved through a system of temporary tokens for Aadhaar-based verifications. Sunil Abraham from the Centre for Internet and Society (CIS) has recommended a system of using dummy or virtual Aadhaar numbers along with a smart card to protect information belonging to individuals.

Tokenization is the process of masking sensitive personal data with another innocuous dataset, allowing it to be shared with third parties without the risk of the personal data being exposed. So, every time a service provider asks for identification, the individual can provide a one-time-ID number generated by an Aadhaar app or on UIDAI’s website. The service provider can authenticate the one-time-ID number with the Aadhaar database, without needing to know or store the Aadhaar number. The algorithm used to generate the one-time-ID number must be constructed using hard-to-replicate information and kept a well-guarded secret. No two service providers will have the same one-time ID, making it harder for personal profiles to be constructed by mining data from multiple service providers, thus enabling a higher level of privacy protection.

Allowing such a system of tokenization for every eKYC can create a welcome layer of ambiguity around individuals’ personal data and preserve the individuals’ Aadhaar-related information with the government. This system also breaks the link between the Aadhaar database and any third party having access to an individual’s Aadhaar number. If this link is not broken, then any entity—government or private—would have access to potentially millions of Aadhaar card numbers, opening endless possibilities for data abuse.

The tokenization process allows the authority to arrest any attempts at data abuse. In fact, to make this system of tokens or one-time-ID numbers effective, the law must build in measures to penalize any attempt to recreate an individual’s Aadhaar number from the unique token number. In other words, the service provider is given a token number for authentication, but prohibited from obtaining the Aadhaar number it corresponds to.

Tokenization is an improvement over the status quo, but only in one aspect—making Aadhaar secure. It is imperative that the government pays equal attention to the manner in which all data is collected, stored and disposed of by the authority. There are two facets to be explored here: first, ensuring secure storage of the vast information database, and second, plugging security loopholes that happen at collection by limiting access to the database.

The adoption of appropriate technical safeguards is indispensable to thwart external threats to the Aadhaar database, such as ransomware attacks. Having appropriate security, and having periodic audits to test the adequacy of such security, is indispensable.

Equally, limiting access to the database is crucial for preventing leaks, such as the ones reported in The Tribune. It is important that only a select few individuals have access to the database and that these personnel are properly vetted before being vested with such responsibility.

These various facets of the Aadhaar ecosystem are likely to be further examined in the public in the weeks to come as the Supreme Court gears up to hear the petitions on Aadhaar. Regardless of the verdict, there is an urgent need to improve the safety of the Aadhaar ecosystem and the use of tokenization goes some way towards achieving this objective.

Manasa Venkataraman and Ajay Patri are researchers at the Takshashila Institution, an independent, non-partisan think tank and school of public policy.

For more details visit https://cis-india.org/internet-governance/news/livemint-january-9-2018-manasa-venkataraman-ajay-patri-token-security-or-tokenized-security

India To Introduce Virtual ID For Aadhaar To Strengthen Privacy

Admin — 2018-01-17T00:11:13Z

The government will introduce a virtual identification number for Aadhaar to help strengthen privacy following several instances of data leaks.

The blog post was published by Bloomberg Quint on January 11, 2018.

The additional layer of security is meant to help Aadhaar users avoid sharing their unique identification number at the time of authentication to avail various services and welfare schemes, UIDAI said in a circular seen by BloombergQuint. The virtual ID will be an optional feature and users will be allowed to provide Aadhaar for verification.

The Aadhaar-issuing body, Unique Identification Authority of India, will also introduce limited know-your-customer rules to eliminate the need for agencies to store the biometric ID. Migration to the new system will start from June 1, it added.

Virtual IDs should be made mandatory and the UIDAI should itself generate these codes instead of having the user do it, said Pranesh Prakash, policy director at the Center for Internet Security, which has published reports on the security flaws in the world’s largest database.

This takes into account concerns of third-party databases being combined without the consent of the individual but fails to address issues of government surveillance, exclusion and cybersecurity, he added.

The move comes barely a week after The Tribune, a Chandigarh-based newspaper, reported that it could access the Aadhaar database by paying Rs 500, raising privacy concerns. Petitions challenging the validity of Aadhaar and the government’s decision to make it mandatory for everything from bank accounts to mobile services are pending in the Supreme Court.

As of now, citizens are required to share their Aadhaar number for authentication to avail certain services. With the introduction of the virtual ID that would change.

It would be a randomly generated 16-digit number that'd be digitally linked to a person's Aadhaar number. This ID would be temporary and revocable. There can be only one active and valid virtual ID for an Aadhaar number at any given point in time. Aadhaar holders will be able to use the virtual ID whenever authentication is required.

Virtual ID, by design being temporary, cannot be used by agencies for duplication.
UIDAI Circular

Only Aadhaar holders themselves can generate a virtual ID and set a minimum validity period for that after which it will have to be replaced by a new one. The virtual IDs can be changed through UIDAI's portal, at an Aadhaar enrolment centre or using the mAadhaar mobile application, the circular said.

Who Can Store Your Aadhaar Data?

The UIDAI will limit the number of agencies that can access and store your Aadhaar number. For this purpose, it will divide the agencies that seek to use Aadhaar authentication for services into two categories—global and local.

Global authentication agencies will be allowed to "securely" store the Aadhaar number, while local agencies won't. The latter would be the ones that’d use the virtual IDs and a unique token for authentication.

The Aadhaar-issuing body has not clearly defined what would classify as a global agency. It has only said that it will "from time to time" evaluate authentication agencies "based on the laws governing them and categorise them" as global agencies. Any authentication agency that is not classified as global would be local.

Transition To New System

UIDAI has told all agencies that use Aadhaar authentication to update their applications and processes for accepting virtual IDs instead of the Aadhaar number and allow authentication using the UID token. This has to be done by June 1.

If an agency fails to migrate to the new system by then, their authentication services "may be discontinued" and a penalty may be imposed, UIDAI said.

UIDAI will release the updated tools and protocols required for building the authentication software by March 1. All authentication agencies would also receive technical documents, workshops and training session to ensure smooth implementation.

For more details visit https://cis-india.org/internet-governance/news/bloomberg-quint-january-11-2018-india-to-introduce-virtual-id-for-aadhaar-to-strengthen-privacy

Virtual Aadhaar ID: too little, too late?

Admin — 2018-01-16T23:59:21Z

Problems persist as many have already shared their 12-digit number with various entities, say experts

The article by Yuthika Bhargava was published in the Hindu on January 11, 2018

The move to introduce an “untested” virtual ID to address security concerns over Aadhaar database is a step in the right direction, but may be a case of too little, too late, according to experts, as many of the 119 crore Aadhaar holders have already shared their 12-digit numbers with various entities.

“What about all the databases that are already linked up with our Aadhaar number? Virtual ID will therefore not attack the root of the problem. At best, it is band-aid,” said Reetika Khera, faculty, Indian Institute of Technology-Delhi.

“Can we realistically expect rural folks to use this to protect themselves? Or are we pushing the barely literate into the hands of middlemen who will ‘help’ them navigate it?” she questioned.

The Unique Identification Authority of India (UIDAI) on Wednesday introduced the concept of a virtual ID that can be used in lieu of the Aadhaar number at the time of authentication, thus eliminating the need to share and store Aadhaar numbers. It can be generated only by the Aadhaar number-holder via the UIDAI website, Aadhaar enrolment centre, or its mobile application.

Experts pointed out that the virtual ID is voluntary and the Aadhaar number will still need to be used at some places.

“Unless all entities are required to use virtual IDs or UID tokens, and are barred from storing Aadhaar numbers, the new measures won’t really help,” said Pranesh Prakash, Policy Director, Centre for Internet and Society, Bengaluru.

Kiran Jonnalagadda, co-founder of the Internet Freedom Foundation, agreed. “The idea is good but it should have been done in 2010, as now all the data is already out. Now, what can be done is revoke everybody’s Aadhaar and give new IDs.”

Mr. Jonnalagadda added that Authentication User Agencies (AUAs) categorised as ‘global AUAs’ by the UIDAI will be exempted from using the virtual IDs. “These are likely to be entities which require de-duplication for subsidy transfer, such as banks and government agencies. All the leaks have happened till now from these entities. So, basically, the move will exempt the parties that are the problem,” he said.

Vipin Nair, one of the advocates representing the petitioners who have challenged the Aadhaar Act in the Supreme Court said, “It is potentially a case of unmitigated chaos purely from an Information Technology perspective.”

For more details visit https://cis-india.org/internet-governance/news/hindu-yuthika-bhargava-january-11-2018-virtual-aadhaar-id-too-little-too-late

UIDAI's Virtual ID, limited KYC does little to protect Aadhaar data already collected, say critics

Admin — 2018-01-16T23:51:44Z

Aadhaar-issuing body, Unique Identification Authority of India (UIDAI), had barely started patting itself on the back for introducing the Virtual ID concept, what CEO Ajay Bhushan Pandey called "one of biggest recent innovations in this field", when detractors came crawling out of the woodwork, all guns blazing.

The article was published in Business Today on January 12, 2018.

"Under compulsion, millions of persons have already shared Aadhaar number with many service providers. New security layer is like locking the stable after horses have bolted," tweeted P. Chidambaram, Congress veteran and former finance minister. This is not just an opposition party member taking potshots at the government. As of last month, close to 14 crore out of about 30 crore Permanent Account Numbers (PANs) had already been linked to Aadhaar and 70% of the estimated 100 crore bank accounts had been seeded. This will be the case for insurance policies as well as all government-sponsored welfare schemes and services since the Supreme Court ruling to extend the deadline for mandatory Aadhaar linking came just a fortnight before the government's December 21 deadline. So how does the new two-tier security system protect all that Aadhaar data already collected by sundry agencies?

The short answer is that it does not. According to media reports, banks and other service providers have not been asked to delete stored Aadhaar data from their databases. The only directive is to enforce the new security system within the June 1 deadline. In the absence of a legal mandate, agencies can very well choose to retain any Aadhaar data previously collected on their servers, leaving it open to any number of security breaches in the future.

So, it would appear that the new VID and limited KYC norms are good ideas, just too late in arriving. Only procrastinators putting off linking Aadhaar to essential services stand to gain, unless the government decides to revoke all existing Aadhaar cards and issue fresh 12-digit unique identification numbers post June 1.

Where the new security system definitely scores is on the privacy front. To remind you, VID a temporary, 16-digit, randomly-generated number that an Aadhaar holder can use for authentication or KYC services along with his/her fingerprint instead in lieu of the Aadhaar number. The VID together with biometrics of the user would give any authorized agency, say, a mobile company, limited details like name, address and photograph, which are enough for any verification. You can generate/replace Virtual IDs on the UIDAI website, Aadhaar mobile app and at enrolment centres.

Since the system-generated VID will be mapped to an individual's Aadhaar number at the back end, it will do away with the need for the user to share Aadhaar number with sundry service agencies. This will, in turn, reduce the collection of Aadhaar numbers by various agencies. VIDs being temporary cannot be de-duplicated and as an added precaution, agencies that undertake authentication will not be allowed to generate VIDs on behalf of Aadhaar holders.

Furthermore, under limited KYC, UIDAI will evaluate all Authentication User Agencies (AUAs) and split them into two categories: Global AUAs and Local AUAs. Only agencies whose services, by law, require them to store the Aadhaar number-qualified as Global AUAs-will enjoy access to full demographic details of an individual. All the remaining AUAs will be branded as Local AUAs and will neither get access to full KYC, nor can they store the Aadhaar number on their systems. Instead, they will get a tokenised number issued by UIDAI to identify their customers. The 72 character alphanumeric 'UID Token' for your Aadhaar number will reportedly be different for every authentication body you approach so agencies will no longer be able to merge databases, thus enhancing privacy substantially.

However, there's a problem here, too. As Pranesh Prakash, Policy Director of Bengaluru-based Centre for Internet and Society, told The Hindu, "unless all entities are required to use VIDs or UID tokens, and are barred from storing Aadhaar numbers, the new measures won't really help."

In a recent online survey, conducted by social engagement platform LocalCircles, 52% of 15,000 respondents said they feared that their Aadhaar data might not be safe from unauthorised access by hackers and information sellers. The UIDAI's latest move does little to allay this doubt.

For more details visit https://cis-india.org/internet-governance/news/uidais-virtual-id-limited-kyc-does-little-to-protect-aadhaar-data-already-collected-say-critics

Aadhaar Body Talked About Virtual ID 7 Years Ago, Put It Off: UIDAI Chief

Admin — 2018-01-16T23:42:58Z

"And at that time, it was felt that let us first give Aadhaar number, let us see how it plays out and then, at an appropriate time, this will be introduced," Ajay Bhushan Pandey, the chief executive officer of UIDAI, or the Unique Identification Authority of India said in an interview to NDTV this week. He called it an "extra layer of security" for the 119 crore people issued Aadhaar numbers.

The blog post by Sukriti Dwivedi was published by NDTV on January 13, 2018.

Virtual ID, the 16-digit temporary number, announced by UIDAI this week had been suggested way back in 2009-10 when its architects were still designing the system. But the Aadhaar authority, which has called Virtual ID a unique innovation to enhance privacy and security, decided against rolling it out at that time.

It may be a step forward. But not everyone is as convinced.

Cyber security Jiten Jain is one of them. Mr Jain told NDTV that UIDAI should first of all decide if the Aadhaar number was confidential information or not because it had changed its stance on this aspect on more than one occasion.

Like when government departments put out lakhs of Aadhaar number, the government agency had insisted that there was nothing really confidential about the number which could not be misused. Or when The Tribune earlier this month claimed to have found gaps in UIDAI's security system that let the newspaper demographic details of an individual, UIDAI claimed that "the Aadhaar number is not a secret number" anyways.

Also, a point is being made that if hiding an Aadhaar number enhances privacy, then what about the crores of people who have been forced to share their Aadhaar numbers - and a copy of their Aadhaar cards - all these years.

Experts suggest the timing of the announcement may not have been a coincidence. The initiative came against the backdrop of mounting privacy concerns after the newspaper expose. The hearing by a five-judge Constitution Bench of the Supreme Court to decide if the Aadhaar project violates citizens' privacy is to start hearing from next week, January 17.

Srinivas Kodali, cyber security expert and an Aadhaar researcher, said it was clear that the UIDAI had brought it hurriedly. "They said they will release the codes by March 1. So it clearly looks like they haven't planned this thoroughly," he said.

There are also concerns about the ability of people living in remote areas to generate the Virtual IDs, in terms of connectivity and literacy. That means a large proportion of people would not be able to generate the Virtual IDs.

UIDAI chief Mr Pandey said there was nothing to prevent them from continuing to use their Aadhaar number. It is an option, he stressed.

This, experts at the Bengaluru-based research group, Centre for Internet and Society, which has long advocated for a token system such as the Virtual ID, said was a problem area.

UIDAI chief Mr Pandey said there was nothing to prevent them from continuing to use their Aadhaar number. It is an option, he stressed.

This, experts at the Bengaluru-based research group, Centre for Internet and Society, which has long advocated for a token system such as the Virtual ID, said was a problem area.

"Privacy can be protected by design and not by choice," said CIS executive director Sunil Abraham, who believes the biggest flaw with Aadhaar was its design.

"Since it is not mandatory most people will just use the Aadhaar number instead of getting into the hassle of generating a VID... This is privacy through hurdles instead of privacy by design. I suggest authorities should generate VIDs for people and ensure that third parties only use VID and not the Aadhaar number," Pranesh Prakash at the CIS' policy director told NDTV.

For more details visit https://cis-india.org/internet-governance/news/ndtv-sukriti-dwivedi-january-13-2018-aadhaar-body-talked-about-virtual-id-7-years-ago-put-it-off-uidai-chief

Hammered government offers Virtual ID firewall to protect your Aadhaar

Admin — 2018-01-16T23:34:12Z

Days after reports surfaced claiming security breaches, the Unique Identification Authority of India (UIDAI) on Wednesday announced the implementation of a new security protocol that would remove the need to divulge Aadhaar numbers during authentication processes and limit third-party access to KYC details.

The article was published in New Indian Express on January 11, 2018.

Admitting that the “collection and storage of Aadhaar numbers by various entities has heightened privacy concerns”, the UIDAI circular said Authentication User Agencies (AUAs) providing Aadhaar services have to be ready to implement the protocol from March 1, 2018. From June 1 use of Virtual ID for authentication would be mandatory.

The linchpin of the new protocol will be the virtual ID (VID) — a “temporary, revocable 16-digit random number” that can be used instead of Aadhaar to verify or link services. VIDs will have a limited validity and can be generated only by the Aadhaar holder. “UIDAI will provide various options to generate, retrieve and replace VIDs… these will be made available via UIDAI’s resident portal, Aadhaar Enrolment Centre, mAadhaar mobile application, etc.,” it said. While only one VID per Aadhaar number will be valid at a time, users can revoke and generate new VIDs as many times as desired.

UIDAI will also limit KYC details accessible by AUAs by classifying them as Global AUAs, which are required to use Aadhaar e-KYC by law, and Local AUAs. Only the former will have full access to e-KYC details and can store Aadhaar numbers. Local AUAs will only have access to limited KYC details and be prohibited from storing Aadhaar numbers. UIDAI will also generate UID tokens which will be used to identify customers within agencies’ systems, but these will not be usable by other AUAs.

However, cybersecurity experts say that even if the new “patch” is effective, verification processes will have to be redone to prevent misuse of already-leaked Aadhaar numbers. “The concept is attractive, but the devil is in the details,” observed Pavan Duggal, cyberlaw expert, adding that the new system does not address those who have already gained unauthorised access to Aadhaar numbers. Sunil Abraham, executive director, Centre for Internet and Society, was more categorical. “If it has to be effective, they will have to redo (Aadhaar-KYC) from scratch.”

For more details visit https://cis-india.org/internet-governance/news/indian-express-january-11-2018-