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Right to Privacy a Fundamental Right, Says Indian Supreme Court

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Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court

#31
I'm not sure what this has to do with Aadhaar, although the initial petition mentions it I think.

Aadhaar is setup as a way of proof of identity and not proof of citizenship. I for one did not get an Aadhaar until a week ago! The only reason I had to was a company that I applied to, said that please use your full name as mentioned on your Aadhaar card.

India is a bureaucratic mess. And as UG Krishnamurti put it very succinctly, India is a failed country. As mentioned elsewhere in this thread, we desperately first need to focus on poverty first.

Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court

#36
post #27
post #16

Earlier quoted context omitted.

At least in the U.S., that is not the real issue. Nobody disputes that the Bill of Rights is not exhaustive. But just because the Bill of Rights is not exhaustive does not mean that the Supreme Court may make up new rights over time. Legal conservatives in the U.S. adhere to the idea that for a right to exist, society must have recognized it as a right at the time the Constitution was written. In other words, you do…

> Nobody disputes that the Bill of Rights is not exhaustive. Unfortunately, that is not true. Robert Bork famously disputed it, even going so far as to deny the validity of the ninth amendment. Many conservatives support Bork's position today, e.g.: http://www.nationalreview.com/article/336142/judge-borks-ink... They do this because it's a logical pre-requisite for overturning Roe v. Wade.

Which is really messed up, given that the Ninth Amendment explicitly states that the Bill of Rights should not be taken as an exhaustive list.

Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court

#37
post #30

A word of caution before being carried away by the words "fundamental right". According to the judgement, the right to privacy is fundamental (as an offshoot of the fundamental rights of freedom of life and personal liberty guaranteed under Article 21 of the Indian Constitution). Asserting it as a "fundamental right" raises the bar on what restrictions can be put. But reasonable restrictions can still be put. A separ…

At least put in some effort to explain on what you mean. You didn't mention what type of restrictions can be put in as well as why getting carried away by the words fundamental right is something to be cautious about.

Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court

#38
post #29
post #25

Earlier quoted context omitted.

That has been tried for decades with rampant corruption and needy missing the aid.

And why would that change with Aadhaar ? Corruption is hardly a technology issue, especially in an environment where corruption is so passe and enjoys patronage from the entirety of the polictical spectrum. Example, to disrupt the blackmarket of kerosene they started dyeing it, and that mattered zilch, because people were selling and buying dyed kereosene in the blackmarket without batting an eyelid. Everyone looked…

It's not a matter of would, it already has. So many subsidy/benefits accounts have been closed. Just search for news stories on this.

Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court

#39
post #28

But they also prohibit use of strong encryption, so that internet traffic could be snooped upon...

Are you confusing the Indian govt/courts with some other country?

This is currently a grey area. All ISPs in India have to abide by their licensing terms with the Department of Telecommunication which restricts encryption to 40 bit RSA or equivalent. Any higher grade encryption can only be used with special permission and requires the decryption keys to be submitted to the DoT.

Whether or not this restriction also applies to end users and non-ISP organizations hasn't yet been tested in the judicial system AFAIK.

Re: Right to Privacy a Fundamental Right, Says Indian Supreme Court

#40
On the one hand Aadhar is so convenient. If I want a phone number or a bank account, I can simply identify myself with my thumbprints and iris scans and get it activated immediately without paperwork. This has really made things easier for people. Using biometrics also reduces fraud when claiming benefits from the government and maybe makes the process easier as there is again no paperwork, and it is easy to make claims.

But on the other hand, all this makes it so easy to track anyone. All your bank accounts, cards, phone numbers, internet connections would be linked to your Aaadhar number and would be centrally accessible. This is a privacy nightmare. I am already getting frequent messages from my phone company to link my phone number with my Aadhar number, or let it be deactivated.

All this information would be in the hands of government officials. The Indian bureaucracy is notorious for the corruption everywhere. What if you could purchase somebody's data through an "agent" - get access to everything that they do, everything they buy, everyone they transact with, everyone they communicate with, contents of every message they send to anyone at all - imagine the kind of possibilities this opens up for negative minds.

Besides this, someone could just hack the data and maybe leak all of it. Someone recently created an app that would let you get anyone's details including their phone number, address, etc. by typing in their Aadhar number. It was taken down a month ago. I'm not sure about the exploit but it was related to using plain http instead of https somewhere. I checked one of the Aadhar linked projects and found that they were using an open source library in the backend which wasn't up to date, and the version being used had some documented security vulnerabilities. I wonder how safe peoples' data really is.

A large number of Aadhar numbers have already been leaked thanks to government websites. It is possible to extract a person's fingerprint or iris scan using photos of their hands or the face in specific conditions. If the person has linked their bank account with Aadhar which is getting compulsory, one could take out money from their accounts by impersonating their prints or iris scans. Fortunately there is an option to protect yourself from this - go to the Aadhar website and lock your biometrics data. If used regularly this can protect people from "biometrics theft", but the biometrics are unlocked by default, and for 99% of the people they are going to stay that way.

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