Under the right to information law, Aadhaar data breaches will remain a state secret

All one billion Aadhaar records could be hacked and stolen, and the government wouldn’t have to disclose it or answer any questions about it?

Anumeha Yadav explains that Section 6 of the Aadhaar (Sharing of Information) Regulations says:

The Aadhaar number of an individual shall not be published, displayed or posted publicly by any person or entity or agency.

However, at the same time, the Aadhaar Act lacks any provision for a mandatory notice to an individual in case of a breach of his or her information – which was a recommendation of the Justice Shah Committee on Privacy in 2012, which was set up to lay the ground for a comprehensive new privacy law.

Thus, under the law, Aadhaar users have no right to be informed when a crime related to their personal data occurs. And they cannot approach a court directly because under Section 47 (1) of the Aadhaar Act, the Unique Identification Authority of India has the exclusive power to make complaints in case of any violation or breach of privacy.

Read more on Scroll.in.

So no right to be notified and no right to file a complaint, and as Yadav explains, the government can (and does) deny requests under the right to information law, citing security and confidentiality exceptions.

According to technology lawyer Apar Gupta, “the UIDAI is a blackbox that cannot be opened even after a system crash”.

So everyone could be at risk and not know it and not be able to find out more.

Not good, folks.

About the author: Dissent

8 comments to “Under the right to information law, Aadhaar data breaches will remain a state secret”

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  1. Anonymous - March 5, 2017

    All one billion Aadhaar records have been hacked and stolen, and the government does not want to disclose it or answer any questions about it.

    Your site comes up with some of the most recent Aadhaar results.

    • Dissent - March 5, 2017

      I am still trying to get proof of the claim that the records have all been hacked/acquired. If you or anyone can help, CONTACT ME, please!!

      • James - March 6, 2017

        i found a very interesting article given the recent events http://www.financialexpress.com/india-news/no-breach-in-uidais-aadhaar-data-says-government/576255/

        they say ‘The UIDAI said there has been no breach to the UIDAI database of Aadhaar in any manner and the personal data of individuals is fully safe and secure.’

        • Dissent - March 6, 2017

          Yes, they say that, but do you believe them? Did you read my recent post on Aadhaar breaches?

          • James - March 6, 2017

            yes i read the post. i responded in comments.

          • Dissent - March 6, 2017

            And this is why I wish I could get in touch with “We are Legion” (a/k/a “Legion”) who claim to have the data.

          • James - March 6, 2017

            where did you hear about that claim?

          • Dissent - March 6, 2017

            There was a WaPo story in December that was the first I recall hearing about it, but other commenters on this site seem to believe it, so I keep asking whether any proof has been provided. I’d love if “Legion” would share some data they claim to have.

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