KS1259

HKS Case 2120.0

Aadhaar:
India’s Big Experiment with Unique Identification (A)

Appearing on The Daily Show in 2009, comedian Jon Stewart told Nandan Nilekani, the entrepreneur
and politician often referred to as the Michael Bloomberg of India, “You’re a very kind and lovely man. I
welcome you as my new overlord.”1 A few years before, Nilekani had stepped down as CEO of Infosys,
the giant Indian software and outsourcing company that he co-founded in 1981. He had begun working
on a book, “Imagining India,” which made a deeply optimistic case for India’s future and advocated for
government reforms. According to Pratap Bhanu Mehta, the head of a Delhi think tank, the book
showed “an odd romance about state-building that we haven’t seen since the 1950s.” In India, most
contemporary ideas about government reform were “about getting the government out of where it
doesn’t belong. But here is a guy who’s saying, ‘Look, I’m going to build a state,’” said Mehta.2 Among
the key ideas in the book was that India should adopt national ID numbers for citizens, which would
make it easier to claim entitlements and gain access to private services.

The book became a bestseller, and caught the attention not only of The Daily Show viewers, but also
of leaders in Nilekani’s own government. In 2009, the party of Prime Minister Manmohan Singh was re-
elected, and Nilekani was offered to lead a newly created agency within the federal government
responsible for issuing IDs to every Indian.3

For the next five years, Nilekani led that identity effort, known as Aadhaar, and built it very
purposefully as a 21st-century institution. Although several small attempts to provide national IDs had
been attempted in the past, none were nearly so ambitious. To ensure that no citizen registered for
more than one ID number, Aadhaar used biometric scans of all ten fingers and two irises. To allow
government as well as private corporations to easily verify any citizen’s identity, Aadhaar was built with
public APIs. Aadhaar enrolled its first citizen in 2010, and within 5 years had enrolled 600 million people;
by early 2017, approximately 1.16 billion people had Aadhaar numbers.4

To many, Aadhaar represented the best of government infrastructure projects: big, ambitious,
modern, and with the potential to significantly improve the lives of many Indians. However, a small
group of vocal critics were also raising questions about the privacy implications of Aadhaar, as well as
the wisdom of a system that centralized so much power in the hands of the government. When Aadhaar

This case was written by Lecturer David Eaves and Daniel Goldberg (Harvard MPP & MBA, 2019) at the John F. Kennedy School
of Government, Harvard University (HKS). Partial funding for this case was provided by the Joseph B. Tompkins, Jr. Fund for
Case Study and Research. HKS cases are developed solely as the basis for class discussion. Cases are not intended to serve as
endorsements, sources of primary data, or illustrations of effective or ineffective management. KS1259

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 reached scale, every Indian’s biometrics would be stored in a central database; that database not only
risked being hacked by criminals, but could also be misused by the government itself, facilitating mass
surveillance. As Aadhaar began to roll out, these critics grew louder: “In 2009, there was a great deal of
excitement in India that [Aadhaar] would help reduce [customer verification costs] for banks and ease to
financial inclusion. Verification of documents is particularly tricky in a country with a large migratory
population. But along the way, we noticed the government was acting a bit funny,” said Nikhil Pahwa,
the founder of medianama.com, a technology news website.5 As time went on, critics contended that
they saw a consistent pattern of false justifications for Aadhaar, inflated savings figures, and unfair
political maneuvering.

In early 2017, these competing narratives had only become starker: was Aadhaar a bold and
commendable project to bring hundreds of millions of impoverished Indians into the modern world, or
was it an ill-considered scheme to centralize power at the expense of Indians’ long-term security?
Looking forward, government officials were preparing to expand Aadhaar to reach more citizens and to
cover many more services, both public and private. Could that expansion be justified without making
major changes to the nation’s privacy laws or Aadhaar’s technology infrastructure? Could delaying the
expansion be justified in light of the tremendous short-term needs of Indians in poverty?

Background

The Need for Identity Verification

Although easy to overlook in many countries, having simple ways to verify one’s identity is an
essential feature of modern public and private life. In the government, identity verification is
sometimes needed to ensure that services reach only intended participants (e.g. welfare benefits
should disburse to all citizens who qualify, and none should disburse to citizens who do not qualify),
and is sometimes needed to track citizen participation in key programs (e.g. to ensure each person
votes no more than once; to ensure all eligible citizens participate in military drafts). In the private
sector as well, activities from banking to online dating typically require some way to verify that you are
who you say you are.

When identity verification systems are weak, fraud and deceit become much easier. This makes
routine interactions more costly and cumbersome, as multiple documents must be collected and
processed to prove a citizen’s identity. For this reason, Nilekani characterizes identity among the most
fundamental features of modern society: “Even before we have property rights, you need identity
rights. Because unless a person can identify himself or herself and have some sort of proof of
existence, you can’t even talk about him owning property or owning a car or whatever.”6 Based on
similar reasoning, the United Nations set a Sustainable Development Goal to achieve “legal identity for
all” by 2030, and several organizations (including the World Bank, the Gates Foundation, and
Mastercard) developed a set of guidelines for reaching that goal.7

Identity verification is a task sometimes undertaken by government, and sometimes undertaken by

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 the private sector. Private identity verification systems are particularly common on the internet, where
companies like Facebook and Google offer services allowing users to log into other websites using their
Facebook and Google profiles, essentially turning their accounts into a virtual identity card. However,
because of the ease of creating fake and duplicate accounts, these solutions are typically not sufficient
in instances where greater security is required.

To fill this gap, governments have typically provided an authoritative identity for every citizen.
However, the approaches governments take toward identity verification vary significantly around the
world. For instance:

 In the United States, the most common government identifier is the Social Security
Number (SSN), a 9-digit number assigned to citizens and residents. However, the SSN
originally had a much narrower purpose: created in 1936, it was originally intended only to
help the government to maintain accurate records of individuals’ earnings in jobs covered
under the Social Security program. Over time, the simplicity and near-universality of SSNs
has led them to be used for a variety of other functions; today, it is common to need to
submit a SSN when applying for mortgages, opening bank accounts, filing taxes, applying
for jobs, and elsewhere.8

 In the UK, an attempt to create a centralized national identity card was scrapped in 2011,
leading to the creation of a federated system of identity management, known as UK Verify.
With UK Verify, citizens choose from a list of companies certified to verify their identity. (In
2017, the certified companies included the Post Office, the bank Barclays, the credit
checker Experian, and others.) The company asks users a series of questions, may require
documentation (such as a driver’s license or bank account details), and performs other
checks to verify the user’s identity. Once a user has been verified, they can access a variety
of government services online.9

 In Estonia, a small Baltic country that built most of its national infrastructure after gaining
independence from the Soviet Union in 1991, every citizen is required to have a photo ID
card, which is embedded with an electronic chip, similar to that of a credit card. The chip is
programmed with the person’s name, national ID number, and gender. Much like a credit
card, the chip is also programmed with PIN codes. When a citizen wants to access a public
or private service, they can use their card and enter their PIN code, and the government
will verify that they match.10 PIN codes can easily be changed, and lost cards can be
replaced.11

India: An Unidentifiable Country

India, often referred to as a mosaic of different cultures, faces several unique challenges for
identity verification, chief among them its enormous size and significant diversity. At more than 1.2
billion people, India is the world’s second most populous country, and the world’s most populous

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 democracy. The country spans nearly 1.3 million square miles, making it the seventh largest in the
world. India is also a particularly fragmented country: 461 languages (22 of which are recognized as
official languages in the Constitution), differing official languages in each of its 29 states, and relatively
high degree of illiteracy.12 India has more than 1,000 political parties, with six major national parties,
and a long history of political division based on caste and religion.13

Poverty and lack of connection pose a second challenge to establishing firm legal identity in India.
Although India’s economy has grown rapidly in recent decades, the World Bank estimates that more
than 400 million Indians still live in poverty, and that the poverty rates in India’s poorest states are 3-4x
higher than in more prosperous states.14 Especially in these poorer and more remote areas, the
registration of births is relatively rare: despite a 1969 law requiring the recording of all Indian births
and deaths, it was estimated that only slightly greater than 50% are registered, and only a small
percentage of these registrations have birth certificates.15 The result is a lack of formal records to verify
that hundreds of millions of citizens exist.

As India has rapidly developed, these challenges have, in many ways, become more acute, as the
demand for reliable and authoritative identity has increased. As Nilekani explains, Indians are
becoming much more mobile: “People are moving from villages to cities, from north to south, from
central India to coastal India. And all of them are finding that when they make that transition—they go
to a new state and new city—they have to prove to the local establishment who they are, or they can’t
open a bank account, they can’t get a mobile connection, they can’t get their entitlements.”16 Not only
has India become a more mobile society, but it has also become a more virtual society. In November
2016, Prime Minister Narendra Modi declared that nearly all cash in India would be voided (known as
“demonetization”), forcing a massive increase in online payments. The Indian government has also
aggressively pursued digitizing government services, increasing internet access, and other digital
initiatives. While decades ago informal networks in smaller towns and villages could function as an ad-
hoc identity verification, a more mobile and more digital society has made the need for formal identity
much starker.

The Founding of Aadhaar

By the mid-2000s, India had already seen several efforts to provide identity to residents, such as
the issuance of photo ID cards by the Election Commission in 1993 and the approval of the
Multipurpose National Identity Card in 2003. However, the push for a unique identity truly began in
2009, when the Indian Planning Commission issued a notification creating the Unique Identity
Authority of India (UIDAI).17 In June of that year, Nandan Nilekani was appointed chairman of UIDAI, on
the condition that he be given a cabinet-level appointment, reporting directly to the Prime Minister.18

To the Indian government, the primary reason for establishing residents’ identity was to simplify
the distribution of welfare benefits. Less than 5% of Indians pay income tax, less than 10% have
salaried jobs, and 75% earn less than 5,000 rupees (or approximately $78) each month. The result is
that a substantial portion of Indians depend on the state for welfare benefits (including direct cash

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 transfers, subsidized food, cooking gas, and other benefits).19 However, the government feared that a
substantial portion of those benefits were being wasted due to fraud and corruption. As Pramod
Varma, another Aadhaar co-founder responsible for the system’s engineering architecture, explained
to an audience at the UN, “India spends a huge amount of money on direct subsidies—about $50
billion every year…[However,] leakages on subsidies are very, very high [20-40%]. This is a very
conservative number. So about $10 billion dollars every year going from the government is not going
to the people it’s supposed to reach.”20 For instance, a family entitled to 5kg of rice on one ration card
has a strong incentive to create multiple ration cards by claiming multiple identities, or by claiming the
identity of a dead or nonexistent person. To prevent this, the first task of UIDAI was to create an
identity system where everybody could claim an identity, but nobody could claim multiple identities.

This focus on welfare benefits was odd, according to some observers, and did not nearly justify
such a costly system. In fact, according to Pranesh Prakash, policy director at the Centre for Internet
and Society, it may not have even required an identity verification system at all: “Aadhaar assumes that
most fraud is identity fraud… [However,] there’s not even any estimate of how much identity fraud
there is.” Instead of verifying identity to reduce fraud, Prakash suggests other less intrusive solutions:
“One example is adding GPS to food ration delivery trucks and tracking them to make sure they don’t
make unwarranted stops.”21 As Usha Ramanathan, a civil liberties lawyer, put it, “This is a solution in
search of a problem.”22

To provide unique identities to any Indian, the team at UIDAI decided the system would need to be
based on biometrics. When registering for their 12-digit Aadhaar number, a citizen would need to scan
all 10 fingerprints and both irises. (Both fingerprints and irises are scanned because many citizens,
particularly manual laborers, don’t have readable fingerprints, and many citizens, such as those with
cataracts, don’t have readable irises.) The government would then query its database to ensure that
nobody with matching biometrics had already registered, a process known as de-duplication. To
protect privacy, the Aadhaar asks for only four other data points: name, date of birth, gender, and
address.

The use of biometrics alarmed many privacy advocates, who worried about the consequences if
biometric data were stolen. However, UIDAI saw little alternative: as Nilekani explains, “in a society
where every birth is registered, everybody has a unique root document that can be used for
subsequent IDs. But in a society, where in some states, more than half of births are not registered, you
have a lot of people with no ID or inadequate ID. And the only way we could solve the problem of
establishing uniqueness was through biometric de-duplication.” Without biometrics, it would have
been nearly impossible to ensure all identities are unique.

Although Aadhaar was publicly marketed as a system for disbursing welfare benefits, the founders
actually had a much more ambitious vision. The founders made a point of distinguishing between
“foundational” and “functional” IDs. (Aadhaar means “foundation” in Hindi.) As Varma explains, a
foundational ID is “minimalistic, context-free, unique, and verifiable.” Functional IDs may then be built
“on top of” the foundational ID, and include more specific information: “It could be a digital social

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 network identifier or an ATM card or a passport or a driver’s license. They are all identifiers, functional
in nature, that can be used in a specific domain,” explains Varma. In Varma’s eyes, Aadhaar was a
foundational ID; disbursing welfare benefits was merely a functional use case.

This platform-like vision for Aadhaar was inspired by government investments in the US. As
Nilekani explains:

We were inspired by the internet and GPS. In both cases, the design and investment was
done by the US government. The internet is 40 years old, but it was only about 20 years
ago that the private usage of the internet began with Netscape in 1995, which then led
to Facebook and Google and all the great innovation we have since seen. Similarly, GPS
was a US government investment for military purposes, but sometime around 2000, the
commercial use of GPS was allowed and a few years later you had Google Maps and
Uber. So, the Aadhaar system is designed for both government and commercial use. For
the government, it is primarily used for eliminating corruption and fraud, and that itself
justifies the investment. But over time there will also be a lot of innovative [private]
uses that will be built on top of this infrastructure.

Actually rolling out Aadhaar to India’s citizens represented a massive operational challenge.
Operating as a “startup” within government, UIDAI never had more than a few hundred employees,
and moved quickly to develop the software and database structures that would undergird Aadhaar.
Given the size of India’s population, the software had to be immensely scalable. The database would
be an order of magnitude larger than what was then the world’s largest biometric database, the US
visa database, which included biometrics from about 100 million people.23 When the billionth Indian
registered for his or her Aadhaar number, the system would need to search for duplicates among each
of nearly 10 billion fingerprints and 2 billion irises within a few seconds.

To reduce costs and increase speed, UIDAI relied on private contractors to handle most of the
citizen enrollment. This, too, was not without controversy: according to Nikhil Pahwa, a technology
commentator, “There are instances of dogs getting Aadhaar numbers, gods and goddesses getting
Aadhaar numbers. These things happened because of how fast it was rolled out without enough checks
and balances, and an outsourced enrollment program which incentivised speed of enrollment over
accuracy. Vendors were paid per enrollment.” However, the result was that enrollment was
accomplished with remarkable speed and efficiency: according to Nilekani, the total cost was less than
$1 per citizen. Within 5 years, Aadhaar had enrolled 600 million people; by 2017, approximately 1.16
billion people had Aadhaar numbers.24 (See Exhibit 2 for Aadhaar’s enrollment growth.) To Nilekani,
“Just making Aadhaar happen was my biggest success. It’s a big, complex, and bureaucratic
environment. And in that environment, to start from scratch and build a platform which today has 1.1
billion people on it and has become central to the governments’ reform program is the biggest
achievement.”

One reason for Nilekani’s pride in growing Aadhaar was that its expansion coincided with a
dramatic political transition in India. In 2014, the nation held general elections that swept the

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 Bharatiya Janata party (BJP), led by Narendra Modi, into power. Modi’s BJP won a total of 282 out of
543 seats in the lower house (the first time in 30 years one party had won enough seats to govern
without a coalition); the Congress party, previously in power and in power for all but 18 of the prior 67
years, won a meager 60 seats. The election results were surprising to many observers, and disturbing
to some given Modi’s reputation as a controversial Hindu nationalist.25 However, the results were likely
especially nerve-wracking to Nilekani and other Aadhaar advocates, as Modi had been a vocal critic of
Aadhaar during the campaign. Approximately 2 months after the election, Modi and Nilekani met; a
few days later, plans to merge UIDAI with other agencies were scrapped, and Modi’s government
began expanding Aadhaar in increasingly aggressive fashion.26

By 2016, Aadhaar had outgrown its relatively informal beginnings. Since its founding in 2009, UIDAI
had been operating based on administrative rules issued by the government, but without firm
legislative backing. Thus, in 2016, a bill was introduced to give UIDAI clearer legislative authority. To
much criticism, the bill was introduced as a “money bill,” a type of bill that needs to only pass in the
lower house of parliament, on the grounds that it primarily concerned disbursing welfare benefits. To
critics, the enormous number of potential uses for Aadhaar made it much broader than a money bill;
moreover, they saw the tactic as politically motivated, as the ruling party lacked a majority in the upper
house of parliament. Despite protests, the bill went forward as a money bill, and on March 11th, 2016
the “Aadhaar Act” was passed by the lower house of parliament and became law.27

Aadhaar Today
Aadhaar to Users

To a user, registering for Aadhaar is relatively simple. After waiting in line at a registration center,
the citizen places his or her hands on a fingerprint scanner, peers into an iris scanner, and enters their
name, date of birth, gender, and address into the computer database. If there are no matches for the
same biometrics, a 12-digit Aadhaar number can be assigned on the spot, and a card will arrive in the
mail a few weeks later.

This relatively simple process for gaining a legal identity stands in sharp contrast to the tedious
process that was previously required. According to Rahul Matthan, a technology lawyer, obtaining a
passport was previously a nearly Herculean task: “To get a passport, the police need to come to your
house and verify that you live there. They will also interview two of your neighbors to confirm you’ve
been there for some time… And each time you renew your passport, you have to go to a police station
and accompany a cop to your house and show him where you stay.”28 The process was both time
consuming and expensive. Despite these inconveniences, many Indians did have some form of ID: as of
2015, more than 99.9% of all Aadhaar numbers were issued to people who already had at least two
existing forms of identification.29

Using the Aadhaar number is likewise relatively simple. There are two key services offered by
Aadhaar: authentication and electronic “Know Your Customer” (eKYC). Authentication allows Aadhaar

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 holders to prove that they are who they say they are. For instance, at a government ration station, a
user can place their thumb on a fingerprints scanner and input their Aadhaar number. The system then
returns only a “Yes” or “No” answer to whether the thumbprint and number match. If they do, the
rations are disbursed.30 eKYC is a second service that sits on top of authentication, and allows users to
share more demographic information. For example, when opening a bank account, an Aadhaar user
may enable eKYC functionality, and thereby allow Aadhaar to share their name, date of birth, address,
and mobile phone number, in addition to the simple Yes/No answer to their identity claim. The bank
can then use this data to open an account for the user.

When the system works, it presents massive savings of time and money. According to Pramod
Varma, the use of eKYC has reduced the time required to onboard a customer at a bank from 6 days to
1 hour, the customer onboarding at telecoms from 1 day to 4 minutes, and the transaction times at
large asset management firms from 4 hours to 2 minutes. 31 The previous system “simply excluded
hundreds of millions of people, simply because there was no effective way for them to establish their
identity. With more and more things like money laundering and terrorism funding, these regulated
domains like financial services only got more paperwork, and that actually meant more exclusion,”
explains Varma. With Aadhaar and eKYC, the costs of customer acquisition have fallen enough to both
benefit corporations and allow more citizens to participate in the economy.

However, when the system doesn’t work, it can be tremendously disruptive to a citizen’s life.
Because authenticating an identity via Aadhaar requires an internet connection and electricity, ration
shops in remote areas are known to force their customers to move to the top of a hill or roof, where
there is a phone signal, to verify their identity. Even more troubling are rumors of significant false
negatives on identity claims: according to The Economist, in some areas as high as a third of
authentications come back negative.32 To many, this is a significant and unacceptable failure rate for a
system on which people rely for basic necessities. Nikhil Pahwa, a technology writer, asks: “You look at
some of these videos on YouTube of poor people, old people, people who’ve had to travel 10
kilometers to try to get their monthly rations [but are turned away], and you have to start thinking: is
this worth it?” Some go even further in their critiques, arguing that the prevalence of false negatives
represents an assault on poor Indians. According to Sowmya Kidambi, the government knew that the
system was not reliable, and therefore did not implement it for teachers, hospital workers, or other
professionals. “This is being done to the poor,” she said, because “the assumption is that the poor are
thieves.”33

The problem of false negatives becomes even more pressing as a growing number of services
require Aadhaar. Although Aadhaar was originally designed as a voluntary system, in which users had a
choice of how to identify themselves while collecting welfare benefits, the 2016 Aadhaar Act allowed
Aadhaar to be made mandatory for certain government benefits, while keeping it voluntary for more
ancillary functions. Nonetheless, significant controversy continues as to whether Aadhaar is, in fact,
voluntary: “There is quite a bit of confusion,” says Arghya Sengupta, Director of the Vidhi Centre for
Legal Policy. “I saw a meme that Aadhaar is like Schrodinger’s Cat: it’s mandatory and not mandatory

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 at the same time.”34 The Supreme Court has ruled that Aadhaar should be voluntary. However, in early
2017, the government made access to several services contingent on using Aadhaar and inserted a rule
into a fast-tracked budget that required linking tax numbers with Aadhaar numbers. Rumors circulated
about whether Aadhaar would soon be mandatory for things like school lunches and purchasing airline
tickets.35 “As a lawyer I can certainly see that it’s essentially a mandatory scheme for many purposes,”
says Sengupta.

Aadhaar to Government Agencies

To the government, having citizens use Aadhaar makes the administration of public benefits
simpler and more efficient, although there is disagreement about how much of an improvement
Aadhaar represents. World Bank Chief Economist Kaushik Basu estimated that Aadhaar saves the
Indian government approximately $1 billion per year;36 the Indian Finance secretary estimated in
March 2017 that approximately $6 billion had been saved since Aadhaar’s inception.37 These savings
are derived from a variety of different sources, including reduced corruption, reduced leakage, and
improved efficiency. For instance, a large portion of the savings came from welfare programs in which,
because of Aadhaar, money could be directly deposited into citizens’ Aadhaar-linked bank accounts.
According to Nilekani, “the government has said that the cumulative savings from eliminating fraud
and corruption were about $9 billion, and the total project cost was about $1.5 billion. So Aadhaar has
had a very high ROI.”

However, some critics dispute these savings figures, arguing that the actual savings are in fact
much lower. According to Nikhil Pahwa, “The savings are overhyped… A significant portion of the
savings come from people being disenfranchised”—in other words, from not granting welfare benefits
to people who deserve them. In addition to this, Pahwa claims that the government savings figures rely
on overly optimistic estimates: one article on his website suggests that the actual savings in a particular
program may be 200 times lower than the government claims.38 Thus, many activists are distrustful of
the government’s claims about savings.

Beyond savings, Aadhaar also has advantages for governments in the realms of transparency and
performance management. For instance, state governments in India have used Aadhaar to advance
their financial inclusion goals (e.g. giving all citizens an Aadhaar-linked bank account) and enable digital
payments (e.g. directly to another Aadhaar number, linked to a bank account). Some states post
voluminous Aadhaar-related statistics online on government scorecards and performance
management dashboards.

The drive for transparency can go too far. According to a May 2017 report, the websites for several
government programs disclosed Aadhaar numbers and other personally identifiable information for
between 100 million and 130 million people. According to the authors, this may be only a small portion
of the data available on other websites. However, even this limited trove is significant, and increases
the likelihood of fraud and theft.39 According to Aadhaar defenders, this disclosure is more the result of
a misunderstanding than a mishap. Government websites had long posted personal information of the

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 recipients of welfare benefits (including information as specific as name, address, and date of birth), in
an effort to reduce fraud and corruption. When Aadhaar numbers were added to government
databases, it seemed only natural that this, too, should be published. As Varma explains, “two different
purposes collided. The Right to Information Act people said, ‘don’t go back to hiding all the
information, it was a mechanism to allow social audits of how governments use taxpayers’ money.’ At
the same time, privacy advocates were saying ‘you can’t put all this information online.’ So India has to
debate what information needs to be given out when it’s taxpayers’ money.”

Criticisms of Aadhaar
Risks of Data Security and Identity Theft

To security advocates, it was concerning to learn that the government had published a large
number of Aadhaar numbers; however, their concerns began long before those publications. Two
fundamental features of Aadhaar that were required to uniquely identify and de-duplicate IDs—that it
rely on biometrics as well as a central database—also make it uniquely vulnerable to hacks.

The fact that biometrics are unique and cannot be changed made them essential for ensuring that
each ID issued by Aadhaar is unique, but it also causes concern to security advocates. As Nikhil Pahwa,
the technology writer, explains: “The Aadhaar number is like your permanent username; biometrics
are like your password. And biometrics can’t be changed. So, you can’t change your password if it gets
leaked. That means Aadhaar is a system which makes people more vulnerable.” Not only can
biometrics not be changed, but many fear that stealing them from individuals is relatively easy.
Recently, engineers have claimed to have developed technology that can capture iris scans discretely
from distances of up to 40 feet; however, critics are skeptical that the granularity of such images is
sufficient to make them useful.40 The ability to steal fingerprints is much simpler, as Pahwa illustrates:
“Imagine I go to authenticate my thumbprint somewhere and the teller puts out a fake machine and
records my thumbprint. And then they say, ‘Oh this machine didn’t work, let me try another machine,’
and they put out another machine that’s real.” Such schemes need not be high tech; they simply need
to be well-executed.

Not only can biometrics be stolen from individuals, but they can also be stolen from the
government. All biometrics are stored in a central database, making it a valuable, if difficult to breach,
target for hackers. There have been no data breaches yet, but many Indians leerily recall the 2015
Office of Personnel Management hack in the US, which compromised 22 million personnel records and
5.6 million sets of fingerprints of government employees. “In the US, because everything is not tied to
your fingerprints, the consequences of this massive data breach were still limited,” says Pranesh
Prakash of the Centre for Internet and Society. However, “in India, using the same data, you would be
able to engage in bank transfers. People are proposing being able to vote remotely. Well, if you have
peoples’ fingerprints, some of the very foundations of democracy would be in question—not just all
the money in your account.” Critics worry that that the lack of data breaches in the past does not
predict that there won’t be any in the future.

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 Not all agree that these are serious threats. For one, even if the data of a person’s fingerprint is
stolen, using the data to impersonate that person is another matter. Actual fake fingerprints would
need to be produced, an expensive and difficult undertaking. Furthermore, UIDAI has built significant
data security into every aspect of its operations to prevent breaches in the first place. For instance, at
the point of capturing the biometric, Nilekani explains that “We’ve done a lot of work on what are
called ‘registered devices,’ so that the biometric is captured and encrypted at source from a recognized
device during authentication and is safe and secure.”

However, overall, Nilekani is somewhat unperturbed about the problems of data security: “Your
biometrics are now actually being used everywhere—when you are on your smartphone and use the
fingerprint or iris sensor, you are giving your biometric to the smartphone vendor. And with the
advances happening in image and facial recognition, somebody can take your photograph and figure
out who you are. So, biometrics has now become so pervasive, that we just have to deal with the
challenges of privacy, security and surveillance in a very broad way.” In other words, these data
security issues are much larger than Aadhaar, even if they were accelerated by Aadhaar’s
development.

Risks of Privacy and Surveillance

Even when Aadhaar is kept secure and no identity theft takes place, critics have identified a second
important risk: reduced privacy. This concern is particularly pressing because India’s data privacy laws
in early 2017 were notoriously weak. India has no nationally recognized right to privacy, and although
there are a set of administrative rules defining a framework for protecting personal digital data,
experts fear that because there is no actual privacy law, the rules have no teeth. According to Rahul
Matthan, a partner at the TriLegal law firm, “You have this set of rules that says what you can do, but
there’s nothing that says what happens if you don’t do it. There is also nothing in the rules that says
who’s going to enforce all of this.” Matthan laments:

I think there are about 120 countries that have privacy laws in place…Not only do we
have none of that, we have no inherent requirement for it. The way our society is set
up, there is a certain freedom with parting with personal information that doesn’t exist
in other countries.

In some ways, Aadhaar anticipates citizens’ concerns about privacy, and has designed its
architecture to protect privacy. For instance, as Arghya Sengupta, director of Vidhi Center, explains, the
drafters of the Aadhaar Act “hardwired data minimization into the statute by not allowing certain
categories of data to be collected, such as caste, religion, and so on.” In addition, the Aadhaar Act
strictly regulates who can access biometric information, how that information can be shared, and gives
strict penalties for breaking those laws.

However, no matter how strong the protections in the Aadhaar Act may be, they exist in a broader
environment that is largely unregulated. Organizations other than the UIDAI—including other
government agencies and private corporations—are neither governed by the Aadhaar Act nor any

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 other privacy law. Thus, although the Aadhaar Act limits the information that UIDAI can collect, other
organizations can build robust databases of personal information and tie that information to an
Aadhaar number. This was not a major issue prior to Aadhaar because, as Rahul Matthan of TriLegal
puts it, India had “inherent privacy protection, because the data collected, even by government, [was]
in siloes.” Stitching together a comprehensive view of an individual was difficult (but not impossible)
because each disconnected form of ID—a birth certificate, driver’s license, passport, email address,
account number, or other informal identity—would need to be linked together in a database. This
complexity made some kinds of fraud much easier, but it also offered privacy protections. Adding
Aadhaar numbers to data sets undermines this protection because it gives a unique key that can be
much more easily linked between databases, effectively breaking down silos.

Reductions in privacy not only make it easier for corporations to build up databases of personal
information, but also make it easier to conduct state surveillance. Many see this as the primary
concern: Aadhaar “makes citizens particularly vulnerable to machinations of the state, and I’m
particularly worried about a totalitarian regime coming in,” says Nikhil Pahwa. Again, the Aadhaar
architecture takes some precautions against these types of risks, such as maintaining limited logs of
transactions. As Pramod Varma explains, “Aadhaar is like a GPS. GPS doesn’t know whether you’re
taking Uber from home to your work. All it does is tell location. So Aadhaar is designed to be
completely agnostic or unaware of the purpose of your authentication. All it tells you is whether your
identity claim is right or not.”41 Despite this claim by Varma and others, some outside critics simply
don’t believe it. As Pranesh Prakash comments, “One of the big question marks that isn’t clear is what’s
being logged by UIDAI when a transaction happens, for instance when somebody authenticates me or
uses eKYC. How much information does UIDAI have about that, and how long is it stored?... The law
tries to keep the logs minimal…But there’s really no way of enforcing that.”

Requests to surveil citizens are already common in law enforcement. As Narendra Bhooshan, the
deputy director general of the Enrolment & Updation Division at UIDAI, recounts, “We sometimes
receive requests that somebody is absconding, has taken lots of loans, has run away, and can you help
us track him.”42 UIDIA currently refuses these requests, but their legality is currently being adjudicated.
Outside of law enforcement, many legal experts are less worried about the possibility of surveillance.
As Rahul Matthan of TriLegal remarks, “There are many nefarious things the state could do, like
classifying people by race, religion, and other irrelevant criteria…Having said that, the law is quite clear
that the state cannot discriminate on these grounds…We have many decades of jurisprudence on that.
If Aadhaar were to be used for something like that, the lack of a privacy law wouldn’t come in the way
of somebody taking the government to task.”

While most agree that the lack of a privacy law is a risk for Aadhaar, there is widespread
disagreement about the correct remedy. Although Varma acknowledges that “The ideal situation
would have been to enact an umbrella privacy and data protection law in India.” He argues that the
most prudent sequence of events was to build Aadhaar first and worry about privacy laws later, rather
than the reverse. This is in part because a primary goal of Aadhaar founders was simply to grow

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 Aadhaar as quickly as possible: “One clear goal we had was to have wide adoption of Aadhaar, which
required having close to the entire resident population enrolled on the platform,” said Nilekani. A
second reason that Varma and Nilekani believed privacy laws could come later is because they believed
Aadhaar would actually create a demand for privacy where none previously existed. As Varma explains,
“Interestingly, having Aadhaar is now making the civil society more interested in putting in the privacy
law, because so much digitization is happening in India.”

Moreover, Varma argues that there may be little need for a privacy law at all, as much of the
problem could be solved through additional Aadhaar product features. In particular, Varma envisions a
system in which “the technology allowed an Aadhaar holder to say, ‘In this case, I’ll use a temporary
identifier.’…Imagine the system allowed me to create a virtual number, and then I can revoke it.”
Currently, Aadhaar can only verify somebody’s identity if they use their full Aadhaar number, but if the
system allowed Aadhaar holders to create temporary, revocable numbers, a separate number could sit
in each database and make it much more difficult for them to be stitched together. “Federated
databases are already happening, but federated identities are not happening,” explains Varma. “More
and more, [I’d like to enable] derived identifiers to be used within a domain, which are revocable and
changeable.”

Undergirding Varma’s and Nilekani’s relative lack of concern about enacting strict privacy
protections quickly is a focus on serving more people. “There is always a fine balance between a
theoretically perfect solution versus 800 million people having nothing,” says Varma. To Varma, the
privacy advocates are losing sight of the very pressing short term needs of poor Indians: “A huge
portion of people depend on the state to provide for them. Lots of us who travel around the world
have a very evolved view of [privacy], saying ‘We won’t trust the state to do the right thing, and there
will be temptations to do bad things.’ And there will be. But sometimes [we must] solve short term
problems that are affecting people every day.” Instead of developing a stronger solution, with more
privacy protections up front, UIDAI has focused on serving as many people as possible as quickly as
possible, and evolving Aadhaar as time goes on. By focusing on evolution rather than perfection, they
believe that UIDAI can continuously improve Aadhaar, reducing error rates and building more privacy
protections into the architecture.

Moving Forward

As India continues to rapidly digitize, the role of Aadhaar in society promises only to grow.
However, how Aadhaar should grow with India is a matter of fierce debate. Could critics’ complaints
about Aadhaar be best addressed with policy changes (such as enacting privacy laws or other
regulations about data use), product improvements (such as developing temporary identifiers),
governance reforms, or something else? And perhaps most fundamentally: is it finally time for Aadhaar
to stop prioritizing expansion and begin focusing more on privacy and security; or, with limited
adoption by the private sector and still significant potential to impact the lives of poor Indians, should
expansion still take priority above all else?

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 Exhibit 1: Aadhaar Logo

Source: Wikipedia.

Exhibit 2: Aadhaar Enrollment Growth Over Time

1200
1100

1000 930
Cumulative enrollment

800
720
(millions)

600
510

400

210
200
100

0
2011 2012 2013 2014 2015 2016

Source: “State of Aadhaar Report, 2016-17,” IDinsight, http://stateofaadhaar.in/wp-

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 Endnotes
1
Ian Parker, “The I.D. Man,” The New Yorker, September 26, 2011, http://www.newyorker.com/magazine/2011/10/03/the-i-d-
man.
2
Ibid.
3
Ibid.
4
“Public Data Portal,” UIDAI Dashboard Summary, accessed July 9, 2017,
https://portal.uidai.gov.in/uidwebportal/dashboard.do.
5
Author interview with Nikhil Pahwa, August 28, 2017. Unless noted, subsequent quotations from and attributions to Pahwa
are from this interview.
6
Eric Braverman and Mary Kuntz, “An Interview with Nandan Nilekani,” McKinsey, October 2012,
http://www.mckinsey.com/industries/public-sector/our-insights/an-interview-with-nandan-nilekani.
7
Neil Hughes, “15 Global Organizations Issue New Principles for Inclusive, Secure Identification in the Developing World,” One
World Identity, February 8, 2017, https://oneworldidentity.com/2017/02/08/world-bank-issues-10-principles-inclusive-secure-
identification-developing-world/.
8
Carolyn Puckett, “The Story of the Social Security Number,” Social Security Bulletin, 2009,
https://www.ssa.gov/policy/docs/ssb/v69n2/v69n2p55.html.
9
“GOV.UK Verify - GOV.UK,” accessed May 30, 2017, https://www.gov.uk/government/publications/introducing-govuk-
verify/introducing-govuk-verify.
10
Keith Duffy, Pasha Goudovitch, and Pavel Fedorov, “The Application of Digital Identity in the United States,” May 10, 2016,
http://dci.mit.edu/assets/papers/15.998_identity.pdf.
11
“Estonia Takes the Plunge,” The Economist, accessed May 23, 2017,
http://www.economist.com/news/international/21605923-national-identity-scheme-goes-global-estonia-takes-plunge.
12
“Languages in India - Map, Scheduled Languages, States Official Languages and Dialects,” accessed July 8, 2017,
http://www.mapsofindia.com/culture/indian-languages.html.
13
Konstantinos Antonopoulos and Nadine Cheaib, “India’s Political Parties and Their Symbols,” Al Jazeera English, April 6, 2014,
http://www.aljazeera.com/indepth/interactive/2014/04/india-political-parties-their-symbols-201446115541946199.html.
14
“The World Bank in India: Overview,” The World Bank, accessed July 8, 2017,
http://www.worldbank.org/en/country/india/overview.
15
Arun Serrao and Sujatha B.R., “Birth Registration, a Background Note,” (UN Knowledge Base: Civil Registration and Vital
Statistics, October 23, 2004), https://unstats.un.org/unsd/vitalstatkb/KnowledgebaseArticle50113.aspx.
16
Braverman and Kuntz, “An Interview with Nandan Nilekani.”
17
“About UIDAI: Background,” Unique Identity Authority of India, accessed July 8, 2017, https://uidai.gov.in/about-uidai/about-
uidai/background.html.
18
Mitu Jayashankar and N.S. Ramnath, “UIDAI: Inside the World’s Largest Data Management Project,” Forbes India, November
29, 2010, http://www.forbesindia.com/article/big-bet/uidai-inside-the-worlds-largest-data-management-project/19632/1.
19
Ritika Katyal, “India Census Shows Extent of Poverty,” CNN, August 2, 2015, http://www.cnn.com/2015/08/02/asia/india-
poor-census-secc/index.html.
20
Pramod Varma, “2017 ID2020 ‘Platform for Change’ Summit,” (2017), http://webtv.un.org/search/2017-id2020-platform-for-
change-summit/5476783692001?term=2017%20ID2020%20Platform%20for%20Change%20Summit.
21
Author interview with Pranesh Prakash, September 19, 2017. Unless noted, subsequent quotations from and attributions to
Prakash are from this interview.
22
Lydia Polgreen, “With National Database, India Tries to Reach the Poor,” The New York Times, September 1, 2011, sec. Asia
Pacific, https://www.nytimes.com/2011/09/02/world/asia/02india.html.
23
Ibid.
24
“Public Data Portal.”
25
Jason Burke, “Narendra Modi’s Landslide Victory Shatters Congress’s Grip on India,” The Guardian, May 16, 2014, sec. World
news, http://www.theguardian.com/world/2014/may/16/narendra-modi-victory-congress-india-election.

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 26
Shankkar Aiyari, “How Aadhaar Scheme Got a Second Life under PM Modi - Times of India,” The Times of India, July 6, 2017,
http://timesofindia.indiatimes.com/india/how-aadhaar-scheme-got-a-second-life-under-pm-modi/articleshow/59464487.cms.
27
“Aadhaar Bill Passed in Lok Sabha,” Livemint, March 11, 2016,
http://www.livemint.com/Politics/UgblAmPPHetk71sjQUqcvN/Aadhaar-bill-passed-in-Lok-Sabha-the-story-so-far.html.
28
Author interview with Rahul Matthan, September 27, 2017. Unless noted, subsequent quotations from and attributions to
Matthan are from this interview.
29
The Wire, “‘Most Aadhar Cards Issued to Those Who Already Have IDs,’” The Wire, June 3, 2015,
https://thewire.in/3108/most-aadhar-cards-issued-to-those-who-already-have-ids/.
30
“India’s ID System Is Reshaping Ties between State and Citizens,” The Economist, April 12, 2017,
https://www.economist.com/news/asia/21720609-long-they-have-mobile-signal-indias-id-system-reshaping-ties-between-
state-and-citizens.
31
Varma, 2017 ID2020 “Platform for Change” Summit.
32
“India’s ID System Is Reshaping Ties between State and Citizens.”
33
“(Big) Hopes and Hazards of Big Data | School of Public Policy,” accessed June 14, 2017, https://spp.ceu.edu/article/2017-05-
15/big-hopes-and-hazards-big-data.
34
Author interview with Arghya Sengupta, September 25, 2017. Unless noted, subsequent quotations from and attributions to
Sengupta are from this interview.
35
“India’s Biometric Identity Scheme Should Not Be Compulsory,” The Economist, April 15, 2017,
https://www.economist.com/news/leaders/21720599-bjp-government-should-listen-peoples-qualms-about-snooping-indias-
biometric-identity.
36
“Aadhaar ID Saving Indian Govt about USD 1 Bln per Annum: World Bank | The Indian Express,” accessed July 12, 2017,
http://indianexpress.com/article/india/india-news-india/aadhaar-id-saving-indian-govt-about-usd-1-bln-per-annum-kaushik-
basu/.
37
ET Bureau, “Aadhaar Scheme Helped Government Save Rs 34,000 Crore: Finance Secy,” The Economic Times, March 30, 2017,
http://economictimes.indiatimes.com/news/economy/finance/dbt-leads-to-rs-34000-crore-savings-for-government-
finmin/articleshow/57894751.cms.
38
Anand Venkatanarayanan, “Government’s Claims of Aadhaar Savings for the LPG Scheme Are Overstated,” MediaNama, June
8, 2017, http://www.medianama.com/2017/06/223-aadhaar-lpg-scheme/.
39
Amber Sinha and Srinivas Kodali, “Information Security Practices of Aadhaar (or Lack Thereof),” (The Centre for Internet and
Society), accessed July 13, 2017, https://cis-india.org/internet-governance/information-security-practices-of-aadhaar-or-lack-
thereof/view.
40
Robinson Meyer, “Long-Range Iris Scanning Is Here,” The Atlantic, May 13, 2015,
https://www.theatlantic.com/technology/archive/2015/05/long-range-iris-scanning-is-here/393065/.
41
Converge - ThoughtWorks, Pramod Varma : Building Country Scale Systems (Aadhaar & India Stack Experience), n.d.,
https://www.youtube.com/watch?v=lvZSXjB_04s.
42
Author interview with Narendra Bhooshan, September 16, 2017. Unless noted, subsequent quotations from and attributions
to Bhooshan are from this interview.

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