Emails (Others): RE: HERE ARE MY ARGUMENTS

Oh ! for some learned arguments !

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Continuing his arguments in the on-going Aadhar case in Supreme Court , advocate for 27 petitioners , Shyam Divan said yesterday :

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· Although an Indian entity operates the unique identification system, its source code and proprietary technology are with foreign entities

· A foreign military contractor has developed it and has all the rights over the technology. It can take it all away tomorrow

· The proprietary technology belongs neither to the government or the UIDAI

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Perhaps the petitioners are forgetting that the Operating Systems of dozens of electronic gadgets that we use daily, are “ owned / controlled “ by foreign entities

These are “ controlled “ by these foreign entities to such an extent that :

· Software Updates are “ automatic “ ( not needing explicit permission of users )

· Data ( of the users ) is picked up 24*7 ( again without user permission )

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EXAMPLES :

· TV sets ( Samsung – Sony etc )

· Mobiles ( Google – Apple – Samsung etc )

· Mobile Apps ( thousands launched by foreigners )

· Tablets ( Dozens of foreign makes )

· Desk Top Computers ( Microsoft – HP – Lenovo etc )

· Speaker Assistants ( Google – Apple - Amazon – Samsung – Microsoft etc )

· Domestic Appliances / Robots

· Wi-Fi Connected Cars ( Merc – Audi – Jaguar – Mesarati – Tesla etc )

To day’s news says :

Car that reads human emotions developed

Ford has created the ‘Buzz Car’ — a customised Ford Focus RS incorporating wearable and artificial intelligence technology.

When you’re behind the wheel of a car, you experience a range of emotions, including road rage, fatigue and even excitement.

Now, Ford has developed a car that can read these emotions, and display them on the vehicle.

The driver wears two sensors on the wrists — one monitors heart rate and the other measures skin response.

Every time the sensors detect a ‘buzz moment’ — when the driver’s heart rate increases — a light display appears across both the interior and exterior of the car.

E Commerce web sites / Social Media web sites , which track our every “ key-stroke “ and thoroughly “ profile “ us for “ Customized Service “

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I can go on but I think I have proved my point, viz:

If we do not want our PRIVACY to get compromised , then we would need to buy out ALL of these “ Foreign Entities “ which read us like an “ OPEN BOOK “

25 Jan 2018

www.hemenparekh.in / blogs

Warm Regards,

Hemen Parekh

+91 98675 50808

3P Consultants \ Strategic Human Resources Consultants

From: Hemen Parekh [mailto:hcp@recruitguru.com]
Sent: 24 January 2018 11:29
To: shyamdivan@gmail.com; kapil@kapilsibal.com; supremecourt@nic.in; Shereen Bhan
Cc: hcp@recruitguru.com
Subject: HERE ARE MY ARGUMENTS

Aadhar : Dawn of Realism ?

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In my following blog, I had summarized the arguments by the advocates of the petitioners and the observations of the Supreme Court, in the current hearing on the validity of Aadhar :

Aadhar : Supremely Satisfying ?

https://myblogepage.blogspot.in/2018/01/aadhar-supremely-satisfying.html

Since then there has been some more arguments and observations , as follows ( Eco Times / 24 Jan ) . Some more will be heard today :

Adv Shyam Divan ( for the petitioners ) :

· The whole Aadhaar network was to be used for everything and everybody.

· In a democratic framework governed by the Constitution, a citizen should have the option of protecting himself by refusing to share crucial information about himself with anybody and everybody. "A citizen should have the choice of providing alternative means of identification," he said, especially if spread of the information exposes him and makes him vulnerable.

· The silos of information, which includes biometrics being collected under Aadhaar, may not per se be violative of a person's privacy, but aggregated today would enable the state to profile every citizen's life, making India a surveillance state. He said a citizen's right to privacy included the right to lead a dignified life. This includes the right to keep one's intimate affairs to oneself. In addition, he should enjoy the right to be left alone and the right to retain his identity from cyber attacks. Seen in this backdrop, the state can only take away his privacy by a law for a legitimate state interest, which must pass the test of reasonableness.

He pointed out that both in the pre-statute period and the days following the law, there was no rigour to the Aadhaar enrolment process. The quality of data being collected under self-certification was also questionable, he argued. The government could also, if it chose, erase the Aadhaar data and denude any citizen of all his civil rights under the Constitution, he argued. "The programme, in its invasiveness, reach and the amount of control it will give the state, militates against an open, liberal, democratic society.

It is the State’s responsibility to protect citizens from both non-state and state actors

Adv Kapil Sibal added :

Yes, we are in a networked world. We have to share information….. To what extent should private entities be given personal data and to what extent do we protect ourselves ?

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Observations by Supreme Court :

· Are such fears valid in a networked age when citizens have to part with data at every stage to avail services ?

· If the Aadhar scheme were to be declared legal can it be used for all purposes or only for limited purposes ?

· All of our data is anyway with private entities. So, does the interpolation of Aadhar Number make any difference ?

Could the concern and the danger of a personal data leak could be avoided if there is a declaration that “ personal information collected would only be used for the purpose for which they are collected “ ?

May be it is too early to say : Perseverance Pays

But I do get a feeling that the Hon Judges of the Supreme Court found time to read my following emails ( sent on : supremecourt@nic.in ) :