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Content type: Examples
The computer science department at IIT-Bombay has sent two proposals for mobile applications that can track quarantine violators to a variety of Indian public authorities including officials in the Ministry of Human Resource and Development, the Maharashtra state government, and the Brihanmumbai Municipal Corporation. The first, Corentine, is intended to geofence suspects and asymptomatic carriers, and Safe, which was previously used by IIT-Bombay students to register classroom attendance,…
Content type: Examples
On the second day of India's nationwide shutdown due to the COVID-19 outbreak, the Karnataka government published the home addresses of quarantined residents, as a deterrent to breaking the rules. The list included individuals who had flown in from a foreign country and been asked to stay indoors for two weeks but who had not tested positive for the novel coronavirus. Although the government deleted a tweet announcing its intention, the list is still available on its website and is circulating…
Content type: Examples
Learning from countries like South Korea, government of the Indian state Karnataka has assigned its ten-member COVID-19 task force, which includes IAS officers with expertise in the fields of technology, medicine and healthcare, to develop a system to the approximately 40,000 people who visited foreign countries during the period of the Covid-19 outbreak as well as those who have tested positive and their contacts. The Corona Watch app, which gives details of the places visited by the 56 people…
Content type: Examples
The Mumbai police have been asked by the civic governing body to track the movements of people arriving at Mumbai airport through the GPS location of their phones. Arrivals at the airport in Mumbai are also being stamped with “Proud to protect Mumbaikars. Home quarantined” with the date until which they have to remain in home isolation.
Source: https://indianexpress.com/article/india/coronavirus-mumbai-civic-body-turns-to-phone-gps-to-enforce-home-quarantine-rules-6321098/
Writer:…
Content type: Case Study
Having a right to a nationality isn’t predicated on giving up your right to privacy - and allowing whichever government runs that country to have as much information as they want. It is about having a fundamental right to government protection.
For the first time since 1951, Assam - a state in the north east of India - has been updating its national register of citizens (NRC), a list of everyone in Assam that the government considers to be an Indian citizen. The final version, published in…
Content type: Examples
India has begun stamping the hands of people arriving at airports in the states of Maharashtra and Karnataka to specify the date until which they must remain in quarantine. The government is also using airline and railway reservation data to track suspected infections and find hand-stamped people who had promised not to travel. Kerala authorities have used telephone call records, CCTV footage, and mobile phone GPS systems to trace contracts of COVID-19 patients, and published detailed time and…
Content type: Long Read
This piece was written by Aayush Rathi and Ambika Tandon, who are policy officers at the Centre for Internet and Society (CIS) in India. The piece was originally published on the website Economic Policy Weekly India here.
In order to bring out certain conceptual and procedural problems with health monitoring in the Indian context, this article posits health monitoring as surveillance and not merely as a “data problem.” Casting a critical feminist lens, the historicity of surveillance practices…
Content type: Case Study
Photo by Roger H. Goun
Chloe is an investigative journalist working for an international broadcast service; we will call the TV show she works for The Inquirer. She travels around the world to work with local journalists on uncovering stories that make the headlines: from human trafficking to drug cartels and government corruption. While her documentaries are watched by many and inspire change in the countries she works in, you would not know who Chloe is if we were to tell you her real name.…
Content type: Examples
Cases of people being denied healthcare as they fail to provide an Aadhaar number have already started emerging. A 28-year old domestic worker, for instance, had to be hospitalised for a blood transfusion after she had an abortion with an unqualified local physician. She had been denied an abortion, to which she was legally entitled, from a reputable government hospital, as she did not have an Aadhaar card. Following this case, 52 public health organisations and individuals issued a statement…
Content type: Examples
While not currently mandatory to access healthcare services, Aadhaar is however increasingly used in the health sector as well. In 2018, the health ministry had to issue a statement to clarify that Aadhaar was “desirable” but not a must to access a 5 rupee insurance cover for hospitalisation under the Ayushman Bharat scheme.
https://www.hindustantimes.com/india-news/aadhaar-desirable-not-must-for-rs-5-lakh-healthcare-scheme-says-centre/story-mvQwqSKzDFYE0rhxqLFbLO.html
Author: Rhythma Kaul…
Content type: Examples
In India, one of the reasons the Aadhaar ID system has been increasingly widely used is that it is mandatory for much India’s benefits system. Government subsidies are now processed through under the Direct Benefit Transfer scheme, which requires citizens to have a bank account and to insure that their Aadhaar number is linked to their bank account so they can receive subsidies.
https://www.paisabazaar.com/aadhar-card/want-to-avail-government-subsidies-provide-aadhaar-and-get-it-easily/…
Content type: Examples
In December 2018 reports emerged that the Indian Electoral Commission would propose amendments to the Representation of the People Act 1951 that would require citizens to link their Electoral Photo ID Card to their Aadhaar number with the stated goal of improving the accuracy of the electoral rolls. The legal change was needed because two months earlier the Indian Supreme Court had ruled that Aadhaar could only be made mandatory for welfare schemes, Permanent Account Number (PAN) cards, and…
Content type: Examples
In January 2019, Facebook announced it would extend some of the rules and transparency tools it developed for political advertising for upcoming spring elections in Nigeria, Ukraine, India, and the EU. In Nigeria, the site will bar electoral ads from advertisers outside the country where the election is being held, build a searchable library of electoral ads and retaining them for seven years, check the identity of individuals buying political ads against government-issued documents, and…
Content type: Examples
As part of the digital campaign to win re-election, in mid-2018 the BJP, which controls the Indian national government as well as that of the state of Chhattisbarh, handed out $71 million worth of free phones and subsidised data plans to 2.9 million of the state's voters and then used the phones to target prospective voters. The plan's stated purpose was to bridge the digital divide in the state, which has a population of 26 million; hundreds of cellphone towers are supposed to be added to…
Content type: State of Privacy
Table of contents
Introduction
Right to Privacy
Communication Surveillance
Data Protection
Identification Schemes
Policies and Sectoral Initiatives
Introduction
Acknowledgement
The State of Privacy in India is the result of an ongoing collaboration by Privacy International and the Centre for Internet & Society.
Key Privacy Facts
1. Constitutional privacy protections: In 2017, the Indian Supreme Court ruled that the Indian constitution guarantees a right to privacy.
2. Data…
Content type: Examples
In March 2018, Indian Congress president Rahul Gandhi tweeted that the Naramendra Modi app issued by India's ruling Bharatiya Janata Party was leaking user data. The app is intended to spearhead BJP's social media strategy in the run-up to the 2019 general elections; the party hopes to use it to mobilise 100 million BJP members and has set a target of 100,000 downloads for each district. Both privacy activists and political rivals complained that the app asks for too many permissions, is…
Content type: News & Analysis
Creative Commons Photo Credit: Source
In September 2018, a month after Argentina lawmakers voted against the legalisation of abortion, we spoke to Eduardo Ferreyra from the Buenos Aires-based Asociacion por los Derechos Civiles about the role of privacy in the abortion debate. Also joining us in this second episode of the Gender and Privacy Series is Ambika Tandon from the Centre for Internet and Society in India to discuss the intersection between privacy and bodily autonomy.…
Content type: Advocacy
Privacy International welcomes the effort by the Government of India to reaffirm its commitment to upholding and respecting the right to privacy, and for noting the need to regulate the processing of personal data as essential for the protection of privacy through the adoption of a data protection law.
The urgent need for this legislation has been validated in the Supreme Court decision regarding the Aadhaar Act, which stipulates the need for a robust data protection regime. …
Content type: Long Read
Image attribution: By Legaleagle86 at en.wikipedia, CC BY-SA 3.0.
In a long-anticipated judgment, the Indian Supreme Court has ruled that India's controversial identification system Aadhaar is Constitutional. They based their conclusion on notes that there are sufficient measures in place to protect data, and that it is difficult to undertake surveillance of citizens on the basis of Aadhaar.
But there is some good in this ruling. The court has demanded that the Government introduce…
Content type: Advocacy
India has been leading at developing some of the most complex and intense data-intensive systems in the world as exemplified with their mass biometric identification system, known as Aadhaar, as well as in the development and design of new technologies. To find out more about the main privacy issues in India, check out the State of Privacy in India.
And yet, India does not have a comprehensive privacy legislation and only limited data protection standards can be found under section 43A and…
Content type: Long Read
To celebrate International Data Privacy Day (28 January), PI and its International Network have shared a full week of stories and research, exploring how countries are addressing data governance in light of innovations in technology and policy, and implications for the security and privacy of individuals.
According to the World Bank, identity “provides a foundation for other rights and gives a voice to the voiceless”. The UN Deputy Secretary-General has called it a tool for “advancing…
Content type: Long Read
To celebrate International Data Privacy Day (28 January), PI and its International Network have shared a full week of stories and research, exploring how countries are addressing data governance in light of innovations in technology and policy, and implications for the security and privacy of individuals.
At the core of data protection debates, there is a power play between empowering individuals to control their data and empowering those who use (or want to) use their data.
By…
Content type: Examples
In 2017, a website run by the Jharkhand Directorate of Social Security leaked the personal details of over.1 million Aadhaar subscribers, most of them old age pensioners who had enabled automatic benefits payment into their bank accounts. Aadhaar is a 12-digit unique identification number issued to all Indian residents based on their biometric and demographic data. Both cyber security agencies and the Supreme Court have expressed concerns over its security,…
Content type: News & Analysis
The Supreme Court has ruled that there is a fundamental right to privacy under the Indian constitution, establishing that “The right to privacy is protected as an intrinsic part of the right to life and personal liberty”. This was a unanimous ruling by a bench of nine supreme court justices, who heard the case following a decision in 2015 over whether the controversial Aadhaar biometric identity scheme was constitutional.
The judgment is clear: privacy and human dignity are intrinsically…
Content type: Report
Financial services are changing, with technology being a key driver. It is affecting the nature of financial services, from credit and lending through to insurance, and even the future of money itself.
The field of fintech is where the attention and investment is flowing. Within it, new sources of data are being used by existing institutions and new entrants. They are using new forms of data analysis.
These changes are significant to this sector and the lives of people it serves. This…
Content type: News & Analysis
This guest piece was written by Elonnai Hickok, Amber Sinha and Vanya Rakesh of the Centre for Internet and Society. It does not necessarily reflect the views or position of Privacy International.
In 2009, the Government of India set up the Unique Identification Authority of India (UIDAI) as an attached office of the erstwhile Planning Commission of India via an executive order. The mandate of the UIDAI was to assign a 12-digit unique identification (UID) number (…
Content type: Long Read
The move to digital payments, without an adequate legal framework, is a double-blow to privacy. India is proving to be the case study of how not to do the move to the cashless society. We are seeing in India the deeper drives to digital: linking financial transactions to identity. On the 8th November, Prime Minister Modi of India announced that 500 and 1,000 rupee notes – 86% of the money supply – would be removed from circulation. The initial justification for this was to tackle the…
Content type: News & Analysis
This guest piece was written by Elonnai Hickok and Vipul Kharbanda of the Centre for Internet and Society. It does not necessarily reflect the views or position of Privacy International.
In light of the complex challenges and threats posed to, and by, the field of information telecommunications in cyberspace, in 1998 the draft resolution in the First Committee of the UN General Assembly was introduced and adopted without a vote (A/RES/53/70)…
Content type: Advocacy
This stakeholder report is a submission by Centre for Internet and Society India (CIS India) and Privacy International (PI). CIS is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. Through its diverse initiatives, CIS explores, intervenes in, and advances contemporary discourse and practices around internet, technology and society in India, and elsewhere. PI is a human rights organisation that…