Showing posts with label rights. Show all posts
Showing posts with label rights. Show all posts

Wednesday, 27 December 2017

Information is empowering

  • Information: Facts provided or learned about something or someone. 
  • Knowledge: Information and skills acquired through experience or education. The theoretical or practical understanding of a subject.
  • Information is only a means to empowerment. Knowledge is power and sharing knowledge is empowering
  • Information is free. Knowledge is not.
  • Information is empowering. It can make us stronger, more confident, more in control and more able to claim our rights. It enables us to grow and learn. It helps us to make good decisions, engage with each other, build knowledge, create informed communities, connect globally, and in many other ways. 
  • Information provides individuals with knowledge to address public issues, scrutinize government and become active participants in the democratic process. It reveals and clarifies the basis for government decisions, discloses environmental and health dangers and sheds light on error, mismanagement and illegal activities.
  • Facts and figures doesn't speak for themselves. They have to be examined and interpreted by reason. Information results in improved records management, prompts routine disclosure of information, and results in better government services and efficiencies.
  • Unless information is organized, processed, and available to the right people in a format for decision making, it is a burden, not a benefit.
  • Information is power, but interpretation is more powerful. Data taken out of context can have unintended consequences. Transparency alone is not the great equalizer. When we're overloaded with information, wisdom is obscured.  

Everyone has the right to freedom of opinion and expression; 
this right includes freedom to hold opinions without interference and to seek, 
receive and impart information and ideas through any media and regardless of frontiers 
... United Nations, Universal Declaration of Human Rights

In common use almost every word has many shades of meaning, 
and therefore needs to be interpreted by the context ... Alfred Marshall

Tuesday, 28 November 2017

Aadhaar makes citizens more vulnerable

Last year Delhi Police busted an ISI spy ring and found that Mehmood Akhtar had an Aadhaar card naming him as Mehboob Rajput. In May this year, the Central Crime Branch found that three Pakistanis had obtained Aadhaar cards in Bengaluru through a middleman for Rs 100 each. More recently, Zeebo Asalina, an Uzbek national arrested in Orissa, had an Aadhaar card naming her as Duniya Khan.
  • The perception that security agencies may have a better chance of nabbing potential terrorists if all mobile connections are verified using Aadhaar is flawed. Since Aadhaar cards were based on forged documents and UIDAI does not conduct any verification by itself, it retains the flaws of these documents and is not ‘fraud-resistant’. In fact, once they have Aadhaar, things may get easier for potential terrorists, given the incorrect perception that it is foolproof.
  • Paper IDs are not good for privacy since they can be reused for other purposes. But Aadhaar is worse, because once data is shared with hundreds of third parties, it is no longer secure. 
  • Electronic KYC is cheaper for telecom operators and banks, it is costlier for citizens. The cost of the loss of personal information is much higher than the benefit of collecting it. UIDAI has no control once data leaves its system via eKYC, which has a tick-box approach to consent and no checks thereafter.
  • The risk of personal information leaks increases with more services getting linked to Aadhaar due to security vulnerabilities, or sheer incompetence of the government or third parties.
  • Disclosure of Aadhaar numbers is illegal as per Section 29 (4) of the Aadhaar Act.
  • Whereas RTI Act makes it mandatory for every public authority to publish the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes. This is conflict with Aadhaar Act.
  • Biometrics are the least secure form of authentication. They can be cloned from photographs, and you leave fingerprints on every glass of water you pick up.
  • Estonia had to suspend its digital ID cards due to cybersecurity related vulnerabilities. Spain is facing similar issues. 
  • The government’s cavalier attitude towards privacy that privacy cannot be at the cost of innovation indicates its willingness to put citizens’ personal safety at risk: that your privacy is a price that GoI is willing to pay for making it easier for businesses to be built around your data.
  • Data for millions of people has already been compromised by the government, the allegation that critics are “alarmists” and “motivated” is a tactic to divert attention from badly designed architecture, execution mistakes, security failures and the yet-to be-addressed risks.
  • While there are some benefits that might accrue from customisation of thousands of services that might otherwise not have had your data, a government that forcibly takes sensitive and personal information from you, and a court that has allowed this to happen despite appeals to stop it, has acted against you and 1.3 billion others.
  • All your data, linked to a single ID and accessible to the government under unspecified ‘national security’ considerations, without sufficient checks and balances and judicial oversight, is also dangerous in the hands of a future government that might look to retain power by any means necessary. 
  • Mass surveillance for which Aadhaar is an enabler, is an unnecessary and disproportionate infringement of rights, and dangerous for democracy. 
  • With Aadhaar numbers littered all over the web, anyone can create a dossier of personal information by finding and joining datasets bases with the Aadhaar number and hence stating that Aadhaar is not a secret or confidential number is misleading and dangerous.
  • Publishing a person’s caste, Aadhaar number, or mobile number or emailids is an unwarranted invasion of the privacy of the individual and serves no public interest but the leaked info can also cause financial loss. It opens doors for fraudsters to perform attacks on unsuspecting individuals.
  • Publishing of last four digits of Aadhaar number only might not satisfy the provisions of both RTI and the Aadhaar Acts. Publishing Aadhaar number, full or partial, on the open web will put too many unsuspecting people at risk. It’s illegal for UIDAI to pass the buck and act innocent about data leaks. It needs to get across to users of Aadhaar data to follow the law or be held responsible.
  • Instead of blaming the transparency requirements of the RTI, UIDAI must be pressurised to enforce its agreements with its partners. Whether you call it a data leak or not, doesn’t reduce the harm done if the authorities continue to publish Aadhaar details on the open web.

Government can't make citizens safer by making them more vulnerable.

The issue is not about Aadhaar as a tool in identification, but of linking it with everything under the sun is gross violation of privacy by government. While linking Aadhaar as remedy to plug leakages of government subsidies is well taken but forcefully linking it to all IDs is as imprudent as having one password for all your transactions which exponentially increases vulnerability. There would be little remedy to assaults by fraudsters on systems that are indiscriminately cross-linked. In the absence of robust data security environment, stringent privacy laws and meticulous penal agreements for any kind of data leakage or misusing, Government has no business to make Aadhaar linking mandatory to all citizen IDs and exposing them to security threats and unknown & unmitigated financial losses.

Saturday, 15 April 2017

Rule of the Law

The rule of law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials.

Definition of the 'rule of law' comprises the following four principles:

  1. The government and its officials and agents as well as individuals and private entities are accountable under the law.
  2. The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property and certain core human rights.
  3. The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient.
  4. Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.


Factors of the rule of the law index:

  1. Constraints on Governments Powers is the extent to which those who govern are bound by the (a) fundamental law, (b) limited by the legislature, judiciary and audit, (c) sanction for misconduct and (d) transition of power is subject to the law 
  2. Absence of Corruption in government agencies i.e. legislature, executive, judiciary, military & police. Bribery, improper influence by public or private interests, and misappropriation of public funds or other resources.
  3. Open Government is that (a) shares information, (b) empowers people to hold the government accountable, (c) fosters citizen participation in public policy deliberations. Publicizing of basic laws & legal rights, information properly published by the government, requests for information are properly granted, effective civic participation mechanisms and bringing specific complaints to the government 
  4. Fundamental Rights protects human rights. It is a system of positive law and is at best “rule by law”. It encompasses adherence to (a) enforcement of laws that ensure equal protection (b) right to life and security of the person (c) due process of law and the rights of the accused (d), freedom of opinion and expression (e) freedom of belief and religion (f) the right to privacy (g) freedom of assembly and association (h) fundamental labor rights of collective bargaining, prohibition of forced & child labor and elimination of discrimination.
  5. Order and Security is how well the society assures the security of persons and property. Security is one of the defining aspects of any rule of law of society that is a fundamental function of the state. It is also a precondition for the realization of the rights and freedoms that the rule of law seeks. This includes various threats i.e. crime, political violence, and violence to redress personal grievances.
  6. Regulatory Enforcement is the extent to which regulations are fairly and effectively implemented and enforced. Strong rule of law requires that these regulations and administrative provisions are enforced effectively, are applied and enforced without improper influence by public officials or private interests, administrative proceedings are conducted timely, without delays, due process is respected in administrative proceedings, and that there is no expropriation of private property without adequate compensation. This does not assess what government chooses to regulate and to what extent but examines how regulations are implemented and enforced. To regulate such as public health, workplace safety, environmental protection and commercial activity.
  7. Civil Justice measures whether ordinary people can resolve their grievances peacefully and effectively through the civil justice system. The civil justice system should be accessible and affordable, free of discrimination, free of corruption, and without improper influence by public officials.  This also necessitates that court proceedings are conducted in a timely manner and not subject to delays. Recognizing the value of Alternative Dispute Resolution mechanisms, this also measures the accessibility, impartiality, and efficiency of mediation and arbitration systems that enable parties to resolve civil disputes. 
  8. Criminal Justice is a key aspect of the rule of law, constituting mechanism to redress grievances and bring action against individuals for offenses against society. Criminal justice systems are capable of investigating and adjudicating criminal offenses successfully and in a timely manner, through a system that is impartial and non-discriminatory, and is free of corruption and improper government influence, all while ensuring that the rights of both victims and the accused are effectively protected.  The delivery of effective criminal justice also necessitates correctional systems that effectively reduce criminal behavior. The delivery of criminal justice should take into consideration the entire system including the police, lawyers, prosecutors, judges, and prison officers. 
      Informal Justice concerns the role played by customary and ‘informal’ systems of justice including traditional, tribal, and religious courts, and community-based systems in resolving disputes. These complex systems often play a large role in cultures in which formal legal institutions fail to provide effective remedies for large segments of the population, or when formal institutions are perceived as remote, corrupt, or ineffective. The dispute resolution systems are timely and effective, they are impartial and free of improper influence, and these systems respect and protect fundamental rights. 

      Seven deadly sins are:
      Wealth without work, Pleasure without conscience,
      Science without humanity, Knowledge without character,
      Politics without principle, Commerce without morality,
      Worship without sacrifice. 
      – Mahatma Gandhi


      My View:
      In every aspect of 'rule of law', our country India stands abysmal. With information, awareness, transparency and education it is improving rather slowly. The irony is that while people at low end are uneducated, unskilled, poor but are good; people at high end are educated, skilled, rich but are bad. It is a catch 22 situation; unless politics change - people won't change and unless people change - politics wont change. In past 70 years after independence there is significant improvement but far less compared many advanced countries.