Says that the legislature didn't try to strike balance between the competing rights.
Says that there's no contract or law. And a contract b/w DoT and Licensee cannot be used to impose Aadhaar on me.
1. The whole architecture of Aadhaar is beyond the Act. Act is only one small part of it.
2. No security in place to ensure that the data remains secure and private. Allows data to move outside CIDR.
3. Serious breach of privacy.
Thus, project has to stop.
Further points out towards illegal sharing of Aadhaar data- with various State Residents Data Hub.
Says that govt. had claimed that all the data in SRDH had been destroyed. That cannot be done just be deleting it from one place. It is a complex process.
Further refers to a study by Dr. Hans Varghese Mathews which, for 1.2 billion of population, stated a deduplication ratio of 1/121- far too high.
Says that these agencies had access to everything.
Asks that once interim order is passed, can the executive- by a notification override the orders?
Refers to various notifications u/s 7.
UIDAI has facilitated data transfer in contravention of the Act.
Submits that Aadhaar project and section 7 has to go.
Concludes his submissions.
Next submission is on dignity.
Last submission: proportionality test and violation of fundamental rights.
Sikri J says these things have already been discussed in details.
MA says she will present only a very nuanced submission on the matter.
Says from Marper judgment, that it recognises that it is not use of surveillance but also the apprehension of surveillance that can result in chilling effect which needs to be taken into consideration. Discusses S & Marper case.
MA moves on to next submission.
Discusses the ECHR case of Szabo and Vissy v. Hungary.