Thread by @gautambhatia88

Sorry, stuck in another court and missed the first one hour of the afternoon session. @prasanna_s has tweeted it. Continuing Day 7 Session 2 now, with Kapil Sibal.

Kapil Sibal is reading out the type of data that is stored in the CIDR. He pauses at "metadata".

Kapil Sibal explains the concept of metadata.

Kapil Sibal says that ultimately, it is metadata that reveals information about a person.
Chandrachud J points out that data is to be archived for five years.
(This discussion is around the Aadhaar authentication regulations).

KS says that this retention of data makes Article 20(3) of the Constitution (right against self-incrimination) completely illusory.

KS discusses the American debate around the government compelling Google or WhatsApp to yield information.

KS says that if the State wants Google to give information, it will have to get a court order. Aadhaar bypasses that safeguard.

KS says that you have the right to opt-out of Google, FB, Twitter. There is no such right with respect to Aadhaar.
Chandrachud J says that distinction may not be persuasive, because in today's world, you have only notional consent even with respect to private players.

KS says that there is an important distinction between the State and Google. There are open source alternatives to Google. And even within Google, I have choices and control.

KS says that there is also a further qualitative distinction. Google uses your data and that often increases your choice. Aadhaar restricts it.
KS says, "how can this ever be a money bill."
Chandrachud J says that that link comes from the Consolidated Fund of India.

Chidambaram stands up and says that he will argue this point.
Sibal says that Chidambaram knows more about money than he does.
[Some banter]

Sibal reads out regulation 28 (deactivation of Aadhaar).

Sibal says, consider what will happen in the time that your Aadhaar is deactivated, and you're trying to rectify it. He says that this is unimplementable in a polity as large as ours.

Sibal says, think of how this will play out in rural India. He points to the regulation that allows deactivation for "any other reason deemed appropriate."

KS: "What kind of power is this? This is the power to cause civil and digital death."
Chandrachud J says that you can't judge the validity of an act by the potential for abuse.
KS says that this is about how much power you are giving up to the State.

KS says that in the information age, it's not merely about "possibility" any more. It exists.

KS reads out an article in the newspaper today that talks about digital payments being pushed to 1 trillion dollars in five years.

KS repeats that the problem is the "unbridled nature of power."
Chandrachud J repeats the point that the constitutionality of a law has to be judged on the generality of cases and not on exceptional cases.

Chandrachud J says "how does the Court decide what level of risk is proper or not? Should the Court get into this or should it be left to the legislature?"

KS says that he is not saying that the State will misuse it. But the information is in the public domain.

Sikri J asks what information the bank will have when you link your Aadhaar.

KS talks about how Aadhaar has been used for banking fraud.

KS says that different principles need to be evolved in dealing with digital issues. The principles used to adjudicate other statutes don't map with accuracy.

Bench rises. To continue tomorrow.

Cheers.