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Electronic (digital) NIC, biometric data collection and fundamental rights

The introduction of an electronic identity card for all Sri Lankan citizens have come back to the discussion table. It is not a new initiative but the so called "minister of digital stuff" of previous government as well had commented on the initiative. 

It is unclear what pressing issue this initiative aims to solve as far as Sri Lanka is concerned. Furthermore, there are reports of a plan to introduce methods of identifying individuals using biometric data. It is also said that a powerful neighboring state will provide a grant or a loan for implementing this system. My own opinion is that Sri Lankans have no real need to have an eNIC not to mention the biometrics based identification. What we already have in our NIC and the security is sufficient for ordinary citizens to function in the current society. Of course recording biometric data of convicted criminals may be a different issue.

One eNIC proponent had mentioned the need for implementing voting for Sri Lankans working overseas. However it is only a proportion of the population that has a specific need and it does not necessitate everyone else to join such system. Our plain old voting system has function quit well so far.

It is sad that the majority of Sri Lankans are not aware of the negative side of technology and anything "digital" is considered a step towards the so called progress. I'm on the other hand concerned with our government mandating citizens to handover their biometric data without returning any tangible benefit to them while gaining more control over their personal freedom.

Below is a summary of information found online regarding the situation in India concerning the implementation of a similar system. I hope this will at least open the closed eyes of Sri Lankan people.

The following write up is a summary of the information from the WWW independently collected from 3 different chat bots regarding the introduction of Aadhaar card in India and the conclusions from the legal challenge on the same.

"The Aadhaar card, a 12-digit unique identification number, was introduced in 2009 by the Unique Identification Authority of India (UIDAI) to streamline welfare delivery and reduce fraud. It was intended to be a tool for identity verification, linking to bank accounts, tax filings, and mobile numbers. However, its implementation sparked debates about privacy, surveillance, and data security, leading to a legal battle that reached the Supreme Court of India.

Initially, Aadhaar was voluntary, but its mandatory linking to essential services raised concerns. Critics argued that the program infringed on citizens' fundamental right to privacy by requiring biometric data collection. The Supreme Court recognized the right to privacy as a fundamental right in 2017, which set the stage for the Aadhaar verdict.

In September 2018, the Indian Supreme Court delivered a landmark judgment, upholding the constitutional validity of Aadhaar but with significant restrictions. The court ruled that Aadhaar cannot be mandatory for services other than welfare schemes, subsidies, and income tax filings. Private companies were barred from demanding Aadhaar for verification. The judgment also emphasized the need to protect citizens' personal data and highlighted the need for a robust data protection law. The court acknowledged that Aadhaar should not lead to the denial of benefits due to technical glitches. The Supreme Court also ruled that children cannot be denied benefits if they do not have an Aadhaar card.

Key takeaways from the Supreme Court decision include:

* Aadhaar is not mandatory for private services.

* Aadhaar is essential for welfare and government subsidies.

* Data protection is crucial, and the government must take measures to safeguard Aadhaar data.

* Aadhaar should not be required for school admissions or examinations.

The Aadhaar case set a precedent for balancing technological innovation with fundamental rights. The Supreme Court's decision served as a check on the program's expansion, ensuring that it is used responsibly and does not lead to the exclusion or surveillance of citizens

While Aadhaar remains a cornerstone of India's digital infrastructure, the court's decision ensured that its implementation is subject to safeguards, protecting citizens' rights. 

The case serves as a reminder that technological advancements must align with constitutional values and individual freedoms."

Golden toilet by Sana


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