Unique identity number looks to define privacy

Live life your way is the only plausible definition of privacy offered in law. There’s no specific law dealing with violation of privacy. There’s no way a trespasser can be stopped. Moreover, the privacy enjoyed by an ordinary citizen is not enjoyed by somebody famous.

Many politicians have objected to the law which makes it mandatory for them to disclose wealth in nomination papers for elections since they feel this information amounts to violation of the right of life, which includes right to privacy. Till the other day, judges resisted the move to make their assets known. Now, they’ve agreed to disclose their wealth.

Interestingly, when a commoner sought details of properties that one erstwhile maharaja owned, the government refused to part with it saying it would infringe on privacy. Chief information commissioner Wajahat Habibullah said, “If an MP had sought information about the property, would the home ministry have denied it?’’ No, he answered and said, “We do not have a privacy law in India. There’s no definition of ‘invasion of privacy’ in the RTI Act’’.

There was a hullabaloo when people were asked to inform about their religion and caste. The protesters also invoked the clause of fundamental right, but failed. Now the Unique Identification Authority of India (UIDA) is preparing a database of at least 60 crore people who would be given an all purpose Unique Identification Number.

So far so good, but carving out a cogent definition for `privacy’ that should allay the apprehension of misuse of UIN is a matter of concern for UIDA and its chief, Nandan Nilekeni. His concern is understandable. “We are trying to design in in a way that will make it secure. We don’t want anybody to read this database. All they can do is verify the authenticity of an identity. You can ask whether x is x? And the only answer we will give is yes or no,’’ Nilekeni said.

“So there is no data coming down the pipe. But there is no question that once the UI is implemented and it becomes ubiquitous in many applications, then there are challenges of privacy and I think along with this project, we have to put in other checks and balances, including laws,’’ he said recently.

Law minister M Veerappa Moily agrees, saying, “a whole lot of laws need to be examined And amended, if needed, to remove any doubt that the UIN is vulnerable to misuse’’.

It wouldn’t be out of the context to say that UIN could be a sharp tool to combat corruption and help detect benami transactions and ownership of land holdings, the common instruments being used by a section of corrupt lawmakers, bureaucrats and other public servants.

“Make registration of property possible only on getting it ownership confirmed,’’ says lawyer Aruneshwar Gupta. “Now you can get even India Gate and Red Fort registered in name but there’s no need for prior  certification that they belong to you’’, says Gupta.

“The Delhi government has mooted this idea and if it passes through the bureaucracy, the entire scam of benami transactions running into billions of rupees would be exposed’’, he says, adding ``let this information be included in UIN. Should any transaction in property be detected and if it found to have been undervalued for making black money, necessary action could be taken.’’

The unique point in the unique identification number must be shown so as to catch the `big fish’ in an ocean of small fry. The big fish is responsible for misgovernance, scandals in public distribution system and a pace of infrastructure development that can’t match steps with anybody except a snail.