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At KMLawassociates, our top corporate lawyers provide expert legal advice in Delhi NCR. Contact us for best legal guidance/assistance in Delhi NCR for corporate matters such as tax, contracts, patents, employee rights and claims and insurance .
BEWARE, SOMEONE IS WATCHING The debates between Aadhaar card and privacy rights have been making headlines every now and then, where privacy has been a key focus. Doesn’t our society lack enough privacy as it is?Are we ready for Big Brother (Aadhaar card) eavesdropping, controlling and manipulating every aspect of our personal lives? There are heightened privacy concerns and questions over the security of biometric data in possession of the Unique Identification Authority Of India(UIDAI).Many have opined that it is an intrusive tool open to misuse by the Government or others. Another area of concern is that our country presently lacks cyber security norms and which , it would not be wrong to say, are almost non existential. Aadhaar card is a convenience, no doubt about that as it’s a never-fail identification document that we need and provides a unique identity to avail Govt schemes. However, UIDAI guidelines are not only confusing but also contradictory. On one hand, it’s website says, ”Aadhaar number empowers residents of India with a unique identity and a digital platform to authenticate anytime, anywhere and is accepted as proof of identity of the cardholder for any purpose.” On the other hand , it says that Aadhaar number should not be shared with anyone. While it says that biometric information is never shared, company like Reliance Jio is already collecting fingerprints of its customers to simplify the eKYC process which is nothing short of a 'privacy nightmare'. Leakage of Aadhaar data of cricketer M S Dhoni made headlines, however, similar leakages of lesser known mortals have gone unnoticed. A recent report by 'The Tribune' claims that it had gotten access to around a billion Aadhaar Numbers in 10 minutes by paying Rs500/- to an anonymous seller. A few more security breaches which have surfaced are: -Money in Bank accounts withdrawn fraudulently using Aadhaar data -210 Govt.websites made Aadhaar data public. -Water and sanitation ministry breached Aadhaar privacy. -Aadhar details of over 6 million people leaked on a website managed by the Jharkhand Directorate of social security. Hacking into databases for data is not very difficult for a person with the necessary motivation, skills and time. Systems are hack proof only until the first hack. So what is one supposed to do in these confusing times and discussions? Is there any way to ensure that personal data is not misused? Well yes, there are a few weapons available to a cardholder in terms of certain actions which can protect his personal data . A mechanism exists under which a card holder can choose to block his Aadhaar card along with his demographic and biometric information if he wants to opt out of the UIDAI system. Biometric data should be locked by the cardholder so that no one can access it and the same can be unlocked by following the process given in UIDAI website. A cardholder must not give a photocopy of Aadhaar card in Physical/digital form and must not share his/her Aadhaar number. If there’s no option but to produce a photocopy of Aadhaar card, the cardholder must write the purpose on it and must also self attest it. After all, someone has rightly said BETTER SAFE THAN SORRY. KMLAWASSOCIATES is the first choice of victims of security breaches in Delhi NCR. Whether it’s misuse of personal information or CCTV coverage, the professionally led , expert team of KMLAWASSOCIATES ensures that hassle free justice is delivered to those whose personal space has been encroached.
Should CRIME VICTIM COMPENSATION be a matter of mood or rationale? A 26yr old law student has been beaten to death by unknown people, outside a restaurant in Allahabad. Just about a week ago, a Delhi photographer was killed by his girlfriend's father and uncle. On 20.01.2018, a school principal in Yamunanagar, was allegedly shot dead in her office by her student . There have been numerous killings across the country in the name of honour, intolerance, road rage etc in recent times. Victims of such crimes are not only the ones who directly suffer the blow but also the family members who suffer mental, physical and economic harm as a result of the illegal activities of those who inflict the harm. The victims of such crimes have been provided certain safeguards in the Constitution of India under article 14& 21 and the laws governing compensation to these victims of crimes are contained in sections 357, 357(1), 357(2), 357(3), 357A, 358, 359 and 250 of Cr.P.C. However, there is no uniform policy on the compensation for victims of rape, riots, fire/other accidents, murder, etc., who are rather dependent on whimsical and irrational policy of relief. When there’s no uniform policy, how is one death deemed more deserving than the other?There is an urgent need for a rationale and clear method to award compensation where claims arise from loss of life on account of failure of public authorities. Presently, due to lack of legislation, States and their officials are wriggling out of their responsibilities by awarding arbitrary amounts in compensation. However, it is incorrect to let the mood of the state or the hype created by media be the deciding factors on how much compensation is announced by the state. In the absence of a uniform policy, politics(game of one upmanship), status of the victims or the community which they belong to or the media attention colour the decision of the state authorities in fixing the compensation amount and put a lid on such simmering controversies. It’s time to question the rationale and ask how the beneficiaries of these compensations are chosen since not all families coping with rape or murder of a loved one get treated equally. KMLAWASSOCIATES is a Dwarka based law firm with a commitment and dedication towards justice in all types of litigation.
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