J. Sikri: what about an individual RE collecting data?
RD: lets take the example of Vodafone. what will vodafone do with the authentication data? They can't track any individual.
In the case of UIDAI, there are so many regulations and penal consequences that don't apply to Vodafone.
Nobody is questioning what banks and telecoms are collecting. The single target is Aadhaar.
He gives the example of bigbasket knowing an individual's food habits based on what they buy.
RD says Google and Facebook process tremendous data on a daily basis. UIDAI does not have that kind of algorithms.
On control of RE, RD says that RE will buy a fingerprint device from a vendor. We control the vendor wrt to the hardware and software of the device.
Says for fraud management and verification, meta data is required.
UIDAI has device control which happens before the device is purchased. There are double pairs of keys.Encryption is immediate and time stamped
Emphasizes that no surveillance is possible.
This process, he says, is part of the license agreement.
Section 4 proviso of the telegraph act gives exclusive power to the Central govt to decide license conditions.
J. Chandrachud: SC never directed in Lok Niti foundation order to carry out e-KYC of mobile nos.using Aadhaar.
RD: No, it was done on the recommendation of TRAI before the Lok Niti order had even come out.
The entire architecture is such that there's no aggregation of data and therefore no surveillance. That's why there's a mix of public and private players.
This project has the support of two governments because Congress had started this and Mr. Sibal was part of the cabinet that time.
TM: Does Aadhaar pass the muster of Article 300A? "Authority of law" phrase in 300A gives the power to the legislature to link Aadhaar with bank account under PMLA. The PMLA rules have the backing of the PMLA.
Cites 1966 3 SCR and Vishambhar Dayal v. State of UP: Even a rule is considered law.
1. Aadhaar Act is valid subject to three specific provsioms that have to be read down or struck down.
2. Conflict with RTI.
3. 139aa wrt to article of 21 and manifest arbitrariness.