PRESS RELEASE-Parliamentary Committee Accepts Petition Against Biometric Data Collection, #Aadhaar, #UID & NPR


Press Release


After communicating its concerns to Parliamentary Committee, NHRC communicates human rights concerns on UID, RFID to Home Ministry

New Delhi:In a significant development, P. Karunakaran, Chairperson, Parliamentary Committee on Subordinate Legislation has accepted the petition with regard biometric data collection related to Planning Commission’s Aadhaar/Unique Identification (UID) Number and Home Ministry’s National Population Register (NPR). The petition was submitted by Citizens Form for Civil Liberties (CFCL), which as earlier given testimony before the Parliamentary Committee that has rejected the UID Bill. The letter from the Parliamentary Committee on Subordinate Legislation is attached.

The letter reads, “I have received a copy of your petition (118 pages) regarding Subordinate Legislation for Biometric Identity Card NRIC and Aadhhar/UID IS illegal & illegitimate and Constitutional, Legal, Historical & Technological Reasons Against UID/Aadhaar Scheme on 18.3.2013.”

In a related development, in an order date December 27, 2012 addressed to Secretary, Union Ministry of Home Affairs, National Human Rights Commission (NHRC) has communicated human rights concerns regarding UID and Radio Frequency Identification (RFID) submitted to it by CFCL. Earlier, NHRC had expressed its deep concerns and apprehensions about UID and “biometric information” in its submission before the Parliamentary Standing Committee on Finance.

In the matter of now rejected National Identification Authority of India (NIAI) Bill, 2010,  “NHRC’s views on the NIAI Bill, 2010″ in the Human Rights Newsletter (Vol. 18 No.8, August 2011) reveals that UID/Aadhaar Number has dangerous ramifications is quite relevant in this regard. NHRC’s view was presented to the Parliamentary Standing Committee (PSC) on Finance. The PSC submitted its report to the Parliament on December 13, 2011 rejecting the UID Bill.

Echoing NHRC’s view on “need for protection of information” and “the possibility of tampering with stored biometric information” in paragraph 5 (page no. 7 of the NHRC newsletter) and “disclosure of information in the interest of national security” mentioned in paragraph 9 (page no.8 of the newsletter), the Central Government’s Draft Discussion Paper on Privacy Bill admits, “There is no data protection statute in the country.”

On UID Number, the Draft Paper on Privacy Bill stated, “Data privacy and the need to protect personal information is almost never a concern when data is stored in a decentralized manner. Data that is maintained in silos is largely useless outside that silo and consequently has a low likelihood of causing any damage. However, all this is likely to change with the implementation of the UID Project. One of the inevitable consequences of the UID Project will be that the UID Number will unify multiple databases. As more and more agencies of the government sign on to the UID Project, the UID Number will become the common thread that links all those databases together. Over time, private enterprise could also adopt the UID Number as an identifier for the purposes of the delivery of their services or even for enrolment as a customer.”

The Draft Paper on Privacy Bill discloses, “Once this happens, the separation of data that currently exists between multiple databases will vanish.” This poses a threat to the identity of citizens and the idea of residents of the state as private persons will be forever abandoned.

In view of NHRC’s observation that UID/Aadhaar Number will lead to discrimination due to  its distinction between residents and citizens in the name of “delivery of various benefits and services” and “weaker sections of society” is quite stark. Late Roger Needham, a British computer scientist aptly said, “if you think IT is the solution to your problem, then you don’t understand IT, and you don’t understand your problem either.”

Among other documents STATEMENT OF CONCERN ON UNIQUE IDENITY (UID) NUMBER issued by 17 eminent citizens has been submitted before the Parliamentary Committee on Suordinate Legislation .

With regard to UID and related schemes, the statement has asked for a feasibility study, a cost-benefit analysis, assessment of national security concerns, data theft, constitutionality of this project, including in the matter of privacy, the relationship between the state and the people, security and other fundamental rights of citizens.

The petition draws the attention towards the Undemocratic Process in which UIDAI has been set-up besides issues regarding Privacy,  Surveillance, Profiling,  Tracking and Convergence The statement reds: “This is a project that could change the status of the people in this country, with effects on our security and constitutional rights, and a consideration of all aspects of the project should be undertaken with this in mind.”  In view of these concerns it asked for the halting of the project and a public, informed debate be conducted before such a major change is allowed.

The signatories to the statement included Justice VR Krishna Iyer, former judge, Supreme Court of India, Prof Romila Thapar, noted historian, members of National Advisory Council, Aruna Roy and Deep Joshi, Prof. Upendra Baxi, Jurist and ex-Vice Chancellor of Universities of Surat and Delhi, Bezwada Wilson, Safai Karamchari Andolan, Trilochan Sastry, IIMB, and Association for Democratic Reforms, Prof. Jagdish Chhokar, ex- IIMA, and Association for Democratic Rights and Justice A.P.Shah, Retired Chief Justice of High Court of Delhi.

In a setback to central government’s effort to bulldoze UID and related schemes, following the direction issued to the Union of India and Union Territory of Chandigarh by Punjab and Haryana High Court in the matter of Civil Writ Petition 569 of 2013 filed in the High Court against Union of India and others, the Executive Order for making Unique Identification (UID)/Aadhaar mandatory has been withdrawn.
In its order the bench of Justice A K Sikri, Chief Justice and Justice Rakesh Kumar Jain dated February 19, 2013 had not noted that the petition “raises a pure question of law.” Since the Executive Order was withdrawn, the case too was disposed of March 2, 2013 with a two page order.  The Order observes, “In this writ petition filed as PIL, the petitioner has challenged the vires of notification issued by Union of India for making it compulsory to have UID Cards.”

It is further observed that “Second issue raised in this petition is that vide order dated 5.12.2012, respondent No.3 i.e. Deputy Commissioner, U.T., Chandigarh has given directions to the Branch In charge Registration-cum-Accountant, office of Registering & Licensing Authority, Chandigarh not to accept any application for registration of vehicle and grant of learner/regular driving licence without UID card.”  It is quite bizarre that Union Territory of Chandigarh remains ignorant of the fact that UID is not a card, it is a 12 digit number. The entire government machinery is hiding the fact that fundamentally UID is not a proof of identity, it is an identifier contained in the Central Identities Data Repository (CIDR) of (UID)/Aadhaar Numbers. Union Territory of Chandigarh failed to inform the Court the UID is not a card but an identification number based on biometric data without any legal mandate. One of the prayers in the petition in Chandigarh had sought issuance of a writ in the nature of certiorari to quash Executive order dated 5.12.2012 passed by respondent no.3  passed in violation of Motor Vehicles Act, 1988 and Central Motor Vehicle Rules, 1989 vide which  UID has been mandatory for the registration of vehicles  and grant of learner/ regular driving licence.

This reveals that attempt to make UID/Aadhaar is an act of bullying by the government agencies like Delhi’s Revenue Department which must be challenged, resisted and boycotted.

The petition before the Parliamentary Standing Committee on Subordinate legislation draws attention towards how all the residents and citizens of India are being made subordinate to prisoner’s status by the ongoing collection of their “biometric information” that includes finger prints, iris scan for permanent storage in a Centralized Identities Data Register (CIDR) and National Population Register (NPR). This is being done ‘as per an approved strategy” by Planning Commission and Union Ministry of Home Affairs without any legal mandate.

For Details: Gopal Krishna, Member, Citizens Form for Civil Liberties (CFCL), Mb: 9818089660 (Delhi),
E-mail: krishna1715@gmail.com

 

A Family’s Fight for Freedom-Lawyers Move to Block RFID Expulsion


 

Preliminary Injunction Sought in School RFID Tracking Badge Case

Melissa Melton
Infowars.com
November 20, 2012

Related: Student Expelled for Refusing Location Tracking RFID Badge

A Texas school district has come under legal fire after a student was expelled for failure to comply with the “School Locator Project,” an RFID chip tracking program currently being piloted in a San Antonio middle and high school.
Letter from John Jay High School withdrawing Andrea Hernandez for not submitting to the RFID tracking ID badges.

John Jay High School sophomore Andrea Hernandez was involuntarily withdrawn after protesting her school’s tracking badge policy for months. When appeals to respect her rights were repeatedly ignored, the family decided to fight back, seeking legal council.

In a just-released statement, civil liberties organization The Rutherford Institute, which represents the Hernandez family, has announced it will immediately seek a preliminary injunctionagainst the district to prevent Andrea from being moved to another school.

Under the “Smart ID” program, all 4,200 students are forced to wear an ID badge with an RFID tracking chip in it at all times to attend school. Due to her persistent refusal, the school’s administration finally offered Andrea a deal; she would comply with the project by wearing a program badge with the chip removed.

Not wanting to endorse the program in any way, Andrea refused. On November 13, the school sent Andrea’s father a letter expelling her because “all students are expected to comply with the Smart ID policy.”

This case is quickly setting a precedent that students can be kicked out of school for not complying with programs they feel violate their rights.

“I feel it is an invasion of my religious beliefs, I feel that it’s the implementation of the Mark of the Beast, I feel that it’s an invasion of my privacy and an invasion of all my rights as a citizen,” Andrea said at a school RFID protest shown in an Infowars report below.

“What we’re teaching kids is that they live in a total surveillance state and if they do not comply, they will be punished,” John Whitehead, constitutional attorney and Rutherford founder said in a telephone interview with Infowars. “There has to be a point at which schools have to show valid reasons why they’re doing this.”

On the district’s Student Locator Project website, it notes that “Northside ISD is harnessing the power of radio frequency identification technology (RFID) to make schools safer, know where our students are while at school, increase revenues, and provide a general purpose ‘smart’ ID card.” Although the district will pay $500,000 up front for the program, is expects to garner $1.7 million from the state government in increased attendance funds.

The district’s website also confirms the “smart” student ID cards are just the newest edition to the school’s surveillance grid. A letter to parents regarding the Smart ID project’s implementation mentions that digital cameras have been installed in all high and middle schools and all school buses. Whitehead noted that the schools have already been fitted with 290 surveillance cameras.

In addition, according to the district, the Smart ID will “provide access to the library and cafeteria” and “allow for the purchase of tickets to the schools’ extracurricular activities,” meaning students who refuse to comply with the program will not be allowed to access those facilities and activities. The school also makes the ambiguous statement, “Other uses [for the Smart IDs] will be rolled out during the pilot program.”

As Infowars previously pointed out, in addition to a vast privacy encroachment, the Hernandez’s feel the program is a direct violation of their Christian religious beliefs, as it bears a striking resemblance to Revelations 13: 16-18 warning of the Mark of the Beast:

“16. He causes all, both small and great, rich and poor, free and slave, to receive a mark on their right hand or on their foreheads, 17. and that no one may buy or sell except one who has the mark or[a] the name of the beast, or the number of his name. 18. Here is wisdom. Let him who has understanding calculate the number of the beast, for it is the number of a man: His number is 666.” (New King James Version)

The Student Locator Card program is set to expand to all 112 schools in the San Antonio Northside Independent School District.

A student’s rights should not end simply because they set foot on school property. This big brother takeover in our schools is an alarming trend, as it would appear schools are attempting to condition the youngest members of our society to accept government intrusion into – and control over – their lives.

“Regimes are formulated in the schools. Every dictator – every regime-changer – has always implemented a dictatorship in the schools first,” Whitehead said. “The ramifications are really ominous: if you grow up in that environment all your life, it’s normal to you. We’re moving into a total compliance society