Complaint to National Commission for Protection of Child Rights on UID enrollment of Kerala school children
National Commission for Protection of Child Rights,
5th Floor, Chanderlok Building, 36, Janpath,
New Delhi - 110 001Complaint- Coercive Circular by the Public Education Department of Kerala GovtWe are deeply concerned at the circular passed by the Kerala Government No-No. 27207/G3/11 dated 20.06.2011 ( ATTACHED HEREWITH ) directing public education department to deploy online school management software called "Sampoorna" in schools across the state.
According to the circular, details of as many as 60 lakh students from Standard 1 to 12 spanning over 15,000 schools in the state would be captured in this scheme. All schoolchildren will soon have unique identification numbers (UID), which will help in tracking their movements in educational institutions and academic records. Circular says , “The headmasters of the schools should ensure that all students have filled in the forms before 31/08/2011, ordered by class and division. The education officers are directed to monitor these explicitly.” We would like to draw your attention to some facts concerning the project: A law to govern the project is yet to be passed by Parliament. The National Identification Authority of India Bill 2010 was introduced in Parliament on 3rd December, 2010, and sent to the Standing Committee of Finance on 20th December 2010. The Standing Committee has been heard to be expressing serious reservations about the project (see, for e.g., report in the Indian Express, New Delhi) The project is, therefore, currently operating outside the protection of law.It has been acknowledged that there are abiding concerns about privacy that the project has to address before it can be allowed to proceed. There is a Privacy Bill that has been drafted, but it has not yet been introduced in Parliament. There are, therefore, no protections that the law provides. There are no protocols about who can access the information, how the UID number may be used, what will happen if there is identity theft and identity loss. There are no protections against tracking and profiling. The collection of biometrics increases the concern. Biometrics is untested technology. It is known that fingerprints on a population-wide scale is tried and tested, and the project authorities have admitted that they are experimenting on the Indian population. It has been admitted that fingerprints do not work for children, that iris scan will not be used for authentication, and all this means that the chances of exclusion are extremely likely, with the error rate yet unknown. The Biometrics Committee set up by the UIDAI, for instance, found that 2-5% of the 25,000 people on whom they did their study of fingerprints "did not have biometric records". The problems with biometrics has been increasing in number and variety, and ad hoc remedies are being applied. Further, over time biometrics modify, thus re-enrollment will be required. The UIDAI states that given the changing nature of biometric data – biometrics would be collected every five years for children and every ten years for adults. The current project does not give us a clear picture as to what extent the re-enrollment will be required, and how the additional costs will be accounted for.The UID working paper on UID and Iris says that collecting and de-duplicating the biometrics of children is a challenge – face and finger biometrics are not stable until the age of 16. The lack of de-duplication of a child’s biometrics would require that the child’s UID be linked to the parents’ UIDs in the database and the child’s ID is not issued on the basis of deduplication of his/her biometrics. This however, increases the risk of duplicates/fakes among UIDs for children. Such UIDs would represent a significant proportion of the UIDs issued, since the percentage of population below 15 years of age is 35.3% as per the 2001 Census.The iris presents a potential means to issue the majority of children a unique number linked to their biometrics, since the iris stabilizes at a very young age. Unlike fingerprints, the iris is said to be fully developed at the time of birth itself. The limitation on iris capture of a child is due to the requirement for a child to follow the instructions of keeping his/her eyes open before the iris camera. On an average, the age at which the child can understand and follow such instructions will be around 4 years. If we use iris, we would be able to reduce the size of our inaccurate UID sub-set ( due to the inability to de-duplicate) from 35% to 11% (the percentage of population below four years of age as per the 2001 Census). This will be a significant gain in terms of accuracy.
Iris scans will not work in millions of cases because of malnutrition-induced cataract. Finger prints, too, would generate a lot of noisy data which may ultimately be unusable. There are no existing standards for the creation / collection of biometric data in India and consequently no way to monitor the process.There is no means of controlling the recording and retrieval of data about children, and that is especially serious since our jurisprudence clearly states that the records relating to children except public exam marks should not be carried into adulthood. This is especially important where the child has had a difficult growing up and may have encountered problems of being a `neglected child' or a `child in conflict with the law'. These are specifically proscribed from being carried into adulthood, with good reason. The UID, with its ability to link up data bases poses a threat to this important area of personal safety and protection of the child.It may interest you to know that the UIDAI has not done even a pilot study on `authentication'. They have just a few days ago expressed their intention of undertaking the pilot. This means that they have not yet figured out whether the system to identify a person through their demographics and biometrics will actually work. We are also seriously concerned that a pilot undertaken when the project has got underway will not genuinely test whether the system will work, but will look for ways to justify the system. The Proof of Concept that the UIDAI carried out in relation to enrolment shows evidence that it was done with the intent to prove that the system will work and not to verify if, in fact, it does. So, persons whose fingerprints could complicate the sample, such as plantation workers, were deliberately left out of the sample. Do consider the implications of such studies for determining reliability of the project.We have expressed our concern to the UIDAI about the companies that they have involved in the project which includes companies such as L-1 Identities Solution which is closely connected with the CIA (you just have to look at their website to see them advertise this fact) and Accenture, which is on a Smart Borders Project with the Department of Homeland Security. We have received no response to our enquiries.Since, we are sure, your interest is to protect the interests of the child, please do consider the consequences of imposing this untried project that is in a legal vacuum on the children in your state. China has, for instance, banned the practice of fingerprinting in schools as being too intrusive and an infringement of children's rights.
The question of informed consent is an important element in public policy; kindly consider what the choicelessness imposed on parents as also the children means in the enforcing of public policy. Most recently, the UK scrapped a similar `identity' project. The National ID programme in the UK, which was avowedly aimed at tackling fraud, illegal immigration and identity theft, was assessed as being too expensive and also an infringement on civil liberties. The UK government cited higher costs, impracticality and ungovernable breaches of privacy as reasons for the cancellation of the NID project. The project which had been begun has actually had to be dismantled and all the records destroyed. This is what Theresa May, the British Home Secretary, said about the project while scrapping it in June 2010:“The national identity card scheme represents the worst of government. It is intrusive and bullying. It is ineffective and expensive. It is an assault on individual liberty that does not promise a great good…”It is also ironical that the Indian state is promoting the UID project in India at a time when several countries across the world (including the USA, the UK, Australia, China, Canada and Germany) have scrapped similar projects. In UK, there are schools which use fingerprints to identify individuals arriving at school, in a tactic to reduce truancy. Pupils would touch a fingerprint reader to show they were in school or in an individual lesson. But there have been concerns about how such personal biometric data is stored or who else might have access to such information. And there have also been disputes about the rules governing the collection and use of such data from young people.Article 2 of the CRC States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.Article 8 states that the States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference. As parents, we make decisions for our children on a daily basis. Some will affect their lives for the next few minutes; others will potentially affect the rest of their lives. When replacing any existing system, it is often easier to see how a new system fixes the shortcomings in the existing system, but often it is the case that any new system also comes with its own set of weaknesses some of which were not immediately evident.The focus of the UIDAI has been on enrolment. Mr Nilekani has called it `open architecture', stating that he takes no responsibility for how, specifically, the UID will be useful.
The violations of the right against surveillance, profiling, tracking and convergence of data which leads to violations of the right to privacy and dignity are serious in nature. The UIDAI merely says that they will not do any of these; they have been unwilling to take responsibility for any other agency being given the capacity to so violate rights because of the profiling or convergence, for instance, that the UID number and its ubiquitous use makes possible, even easy. You will find this is true in relation to the other areas where the UIDAI is selling its project on its website, including in PDS, NREGA and public health.It needs to be said that the UID project harbours a technocratic vision of functioning, and, so, it has little or no understanding of rights, wrongs, violations and value.
We draw your attention to what we know must be your primary concern: that of protecting the best interests of the child. The UID jeopardises it in more ways than we have recounted in this missive.We request you to kindly give priority to the best interests of the child and investigate this project before making any decision about imposing it on children. Yours sincerelyAdv Kamayani Bali Mahabal , Anivar Aravind and Usha Ramanathan
For SAY NO TO UID CAMPAIGN

