Supreme Court hearing Aadhaar petitions: Right to privacy is sacred; Govt must salvage UID scheme

Going by the contours of the Aadhaar Act, even the Unique Identification Authority of India cannot share the personal information available under Aadhaar records with any agency unless there is an order from a district judge. On issues of national security, only a joint secretary level officer can authorise access of personal data, that too after getting an order from the central government.

But, that's in theory. There have been reports of Aadhaar data leakage. But, as this article pointed out, this shouldn't be the primary subject of the Aadhaar debate, for the simple reason that much of the personal information of every citizen is already accessible to the government (and even various private service providers) through various means.

In reality, the government doesn't really need an Aadhaar number to dig out someone's personal information. The idea is not to say that Aadhaar holder doesn't require a right by law to keep his information secret from the government/public access. But, let's remember that most of us willingly give away personal information to mobile phone service providers, e-commerce firms and online shopping portals that are often shared with other entities for business purposes.

If Supreme Court's Constitution bench rules that right to privacy is indeed a fundamental right of the citizen, it will mean a major setback to the government plan, which wants to make Aadhaar mandatory for every citizen. Such a ruling will have a bearing on all other litigations, with respect to Aadhaar, in all courts in the country. The government will automatically be on backfoot and it cannot force the unique number on the citizen for every aspect of governance. In other words, Aadhaar, as the government envisages today, will eventually see a natural death. It will be limited to what it was originally made for-transfer of government benefits.

No doubt, the Aaadhar is a revolutionary step India has taken that is fundamental to the Director Benefit Transfer (DBT) programme conceptualised and executed by two successive governments. Certainly, it has helped to plug subsidy leakages to a significant extent. Much work and investment have gone into the institution of Aadhaar-mechanism. Already 115 crore Aadhaar cards have been issued so far.

The point here is it is the government's task to convince the apex court and the general public that every concerns on privacy issues are addressed to take the Aadhaar programme ahead. The Aadhaar scheme is critical for the new economic structure which is on the lines of certain number of developed nations with a similar unique identity structure for their citizens. For this, the government needs to make legislations that addresses concerns on data privacy laws, something even Nandan Nilekani, the architect of Aadhaar, had mooted earlier.

More than what country's top court says on this issue, right to privacy and individual freedom are democracy's basic commitments to its stakeholders and it's the job of the elected government of the day to fulfill that promise. The lawmakers must do what they are supposed to do at this juncture — make data privacy laws and thus help Aadhaar emerge as a winner in the new economic structure.