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sflc.in @SFLCin
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#Aadhaar final hearing-Day 2: Hearing to start at 11:30 am in #SupremeCourt.
SD resumes submissions
SD: At the time of authentication, the data captured is not of the same resolution as that at the time of enrolment #Aadhaar
SD: Pervasive invasion of fundamental rights. Highlights the issue of compelled speech
SD: Explains the details captured in the enrolment form #Aadhaar
SD: Nothing on the form which suggests it is voluntary
SD: No mention of biometrics in the form
SD: Emphasises on integrity of the process. No information on how the information has been gathered
SD: Raises the issue of informed consent.
SD: This is not for a specific purpose.
SD: Mentions specific case of a person who is forced to give consent for sharing of data across the board because of how the software is programmed.
SD: The scheme by design is defective
SD: No question of trustee or fiduciary delegating a core sovereign function to a private entity
SD: Mentions sting operation showing agencies selling collected data
SD: Lack of integrity in the process. UIDAI has no contractual relationship with the enrolment entity
SD: Citizen asked to give documents like bank statements and passbook copies to private parties
The bench queries have we not been giving our information to private parties all along, eg. Insurance
SD: Reads out affidavit by a person forced to enrol for #Aadhaar to register his marriage
Hearing resumes #Aadhaar
SD: Reads out the statement of Minister in Rajya Sabha that they have blacklisted 35,000 enrollers
SD: UIDAI says it has blacklisted 49,000 operators since inception
SD: explains the terms enrolment agency, operator, supervisor.
SD: explains the MOU with UIDAI with the Govt. Of NCT Delhi. The term biometrics appear for the first time in these MOU
SD: There was no legal framework for UIDAI. MOUs are not contracts
SD: Explains the convergence of Aadhaar linked information
SD: Reads the 9 judge Privacy judgment
SD Reads the reference to Maneka Gandhi v UOI in the judgment
SD: In this digitised world, the Government should be an ally to the citizens, especially against big corporations, and protect their privacy rights
SD: Reads from the judgment that dignity is the core which unites the fundamental rights.
Bench rises. Proceedings to continue next week.
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