Aadhaar Data Obtained Before 2016 is Illegal and Must Be Destroyed: Petition to Supreme Court

The Supreme Court today received information that outlined allegations against UIDAI saying that the data collection that went on from 2010 to 2016 by UIDAI was “illegal” and “invalid”. The arguments were presented in front of a five-judge constitution bench headed by Chief Justice Dipak Misra and stated the invalidity of the information which was gathered in the years 2010-2016. Since, before Aadhaar scheme there wasn’t any stature which allowed UIDAI to gather data from the public.

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Senior lawyer K V Vishwanathan, appearing for activist Aruna Roy, told the bench “The State’s failure to enact the Aadhaar Act for six years meant that all enrolments done between 2010-2016 were without any informed consent”. The bench consisted of justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan says a report by PTI.

The bench further went onto question the lawyer asking what should happen to the data which was collected before the Aadhaar scheme to play, to which Vishwanathan replied that the data should be destroyed as it had no legal foundation to be used by the concerned authority. The court had extended the deadline of March 31 further of mandatory linking of Aadhaar and declared it utmost necessary if the public wanted to avail government benefit and various services and schemes. The court did this in order to reach a conclusion to the ongoing argument regarding the Aadhaar number and its validity.

Lawyer Vishwanathan argued that Biometrics involve a person’s fingerprints and other personal data and a person has total control over his body which stands at the centre of a right to privacy. The lawyer further quoted “There was no informed consent or such other procedural guarantees and safeguards as are essential if the State seeks to infringe the right to privacy by taking biometric details of the citizens,” thus alleging the UIDAI of unlawfully obtaining private data from the public without any foundation and against statuary measures of that time.

He further added to his statements while speaking about the State and non-state actors “However, apart from the fact that the latter are defined by consent and choice, there is a qualitative difference between the Individual-State relationship, and the individual- corporation relationship, making privacy concerns vis-a-vis the former more salient.”

However, despite all this, the court couldn’t come to a conclusion, and the argument remains open in court for discussion. The court also asked other counsel for petitioners against the Aadhaar scheme, who would similarly question the validity of the data and also asked Attorney General KK Venugopal to begin his arguments on March 20.

Speaking for the West Bengal government Kapil Sibal, senior advocate also said that the citizen must have the choice to prove his identity and that it has to be linked with the status of the citizen to avail the benefits of the scheme.

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24 Comments on "Aadhaar Data Obtained Before 2016 is Illegal and Must Be Destroyed: Petition to Supreme Court"

 

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Airtel User
March 16, 2018 3:55 am 3:55 AM

Though everyone on tt will have POV here but aadhar for mobile and bank accounts should be there, its no harm.
Also aadhar will continue in future that’s how i see irrespective who files PIL and from which dyansty anyone belongs to challenge it.

Girish Gowda | BengaLuru
March 16, 2018 10:22 pm 10:22 PM

+1

Sunny | Lucknow
March 15, 2018 11:42 pm 11:42 PM
Petition filed on behalf of activist Aruna Roy. After reading that, it’s not too hard to guess what’s going on. She was one of the members of UPA’s NAC. NAC’s only job was to find ways to destroy India from inside out. Country dodged a bullet when UPA lost in 2014. Had they got some more time, situation would have gotten out of hand. These are powerful people though, with a lot of resources at their disposal like friends in the judiciary, big foreign funding etc so they keep trying & continue their leftover NAC job some way or the… Read more »
Girish Gowda | BengaLuru
March 16, 2018 10:19 pm 10:19 PM

No wonder. Good work maga.

dragonmonk
March 16, 2018 4:56 pm 4:56 PM

Sure. Moment you see a name or party, you say that we should put our own brains aside. Ok. Got it.

Girish Gowda | BengaLuru
March 16, 2018 10:20 pm 10:20 PM

As someone who voted for the party Roy is affiliated with, even I agree with his views, Miss Chinesemonk.

Tremerin Dsouza
March 16, 2018 2:45 pm 2:45 PM

Typical Bhakt mentality.As if you were living in stone age before 2014.

Girish Gowda | BengaLuru
March 16, 2018 10:23 pm 10:23 PM

Doesn’t matter if you support India’s prolonged looting just because you’re loyal to a party. The buck has to stop somewhere.

Manoj Singh
March 16, 2018 10:42 am 10:42 AM

Correct

Prithvi
March 16, 2018 9:09 am 9:09 AM

Good relevant information. I’ll do a bit of digging on this Roy character.

Priyansh Singh
March 16, 2018 10:12 pm 10:12 PM

Please update me too with the info. 🙂

Priyansh Singh
March 15, 2018 11:23 pm 11:23 PM

Tears of Joy after receiving this message. 😀

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