RIGHT TO LIFE WITH DIGNITY AND QUALITY

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS (Representing the Superintendents of C.Ex & CGST) [Recognised vide CBEC Letter F. No. B 12017/10/2004-Ad IV A dated 21/01/2008] 6/7 A.T.D. Street, Race Course Road, Coimbatore – 641018. Email id: aisacbitc@gmail.com&manimohanr66@gmail.com

President Sanjay Srinivasan Vice Presidents:  Prabir Mukhopadhyay Sanjay Kumar  H.S. Bajaj  K.S. Kumar P.K. Jaishankar Iyer Secretary General  R. Manimohan (09443063989) Asst Secy General  Shishir Agnihotri Joint Secretaries: Kousik Roy D. S. Thakur Malkit Singh  Kalugasala Moorthy Sandip Panvalkar Core Committee: R. Chandramouli Tirthankar Pyne Ajit Kumar K.G. Office Secretary: K.R.Dinesh Kumar (09443935875)

Ref. No: PMO/02/2017                                      Date: 27.11.2017 To Dr. Jitendra Singh, Hon’ble Minister of State, PMO, Public Grievances & Pensions, South Block, New Delhi. Respected Sir, Sub: Constitution day – Threat to life posed by Introduction of AADHAR Enabled Biometric Attendance System (AEBAS) – request for review -reg           In pursuance of DoPT instruction vide OM No. 11013/9/2014-Estt.A-III dated 28/01/2015 and 22/6/2015 on the above subjects and subsequent orders issued and provisions made by the respective departments, officers all over the country have been registering themselves in the system (AEBAS) since last one and half year. The need for promptness in service/duty to the citizens stands highlighted. 2.       However, against the back drop of the Constitution Day observed on the 26th of November, we would like to bring to your kind attention, the manner in which the said AEBAS has been working at cross purposes, threatening the Right to Life and also posing a problem to the quality & dignity of life of the Government Servants brought under the scheme. 3.       Lack of confidentiality of AADHAR data posing a threat to Right to Life:        Confidentiality of AADHAR data has always been a matter of concern to the Government as well as the general public.  The recent decision of the Government to stop private agencies from collecting such data has only highlighted the vulnerability of the data already collected and accessed by several private agencies.  3.1.       Recently, in a reply to a query under RTI, UIDAI has reportedly admitted that AADHAR data has been leaked on more than 200 Government sites alone. 3.2.       For the officers working in investigating agencies like Central Excise, Customs, Income Tax, CBI, Enforcement Directorate, Directorate of Revenue Intelligence, Directorate of Goods and Service Tax Intelligence, etc., where high profile persons and corporate are required to be investigated, any threat of personal data compromise means threat to the persons themselves and to the institutions also. (Further the notified office hours prescribed by AEBAS would be counterproductive in these organisations)

3.3.       A 9 member Constitutional Bench of the Hon’ble Supreme Court of India in the judgement dated 24/8/2017 held the Right to Privacy as a Fundamental Right as a part of the Right to Life under Article 21 itself. Though final decision of the Constitution Bench on AADHAR is pending, its use as a legal tool to be linked to attendance is put under question. It also raises question as to whether the Government’s act to force an employee to get an AADHAR and/or produce it to their department is legitimate.

3.4.       In the light of linking of AADHAR to the salary accounts and bank accounts of the individual officers, any breach of the data may endanger the life and property of not only the official concerned but also his family.

3.5.       The SBI itself had admitted to compromising of data pertaining to their Debit and Credit Cards, thus highlighting the vulnerability of electronic data linked to bank accounts.

3.6.       The Government as an employer is bound to ensure safety and security to its employees and their family.

3.7.       Considering the varied contents in National Data Sharing and Accessibility Policy (NDSAP), 2012, Cyber Security Policy, 2013 and Right to Information Act, 2005, the AADHAR data pertaining to the Government Servants is required to be classified (apparently) as restricted, sensitive and close data, which is due till date.

4.       Lack of basic amenities and infrastructure affecting the dignity and quality of life: 

From the beginning employees have been raising certain infrastructural/ operational, support and technical/ legal issues on the implementation of AEBAS. Some of them are highlighted below:

4.1.  Office infrastructure:       Provision/availability of good Canteen facilities and clean lavatories always remain helpful in maintaining punctuality and attendance in offices. However in most of the offices both are still wanting.  The Departmental Canteen facilities have been withdrawn considerably over a period of time, from the time of previous Governments.

4.2.  Infrastructure for AEBAS:         Apart from organisation registration, offices are required to arrange for the Tabs as well as sound internet connection (wifi) to ensure steady attendance arrangements for the employees. Unfortunately, in most offices maintenance of infrastructure is very poor and most of the AEBAS equipments (Tabs) are found out-of-order on most weekdays. Poor internet/ wifi links add to further worry. On some occasions even the central system is found failing. In effect, AEBAS, instead of being a mere attendance register, has become a new concern, almost another work in the beginning and end of a workday, for the employees, particularly putting to great difficulty the women employees who have to adher to the time of their share-cabs or shared rides in private vehicles.            

5.       We request that, at this momentous hour, the above points may be adequately considered by your good office and necessary instructions be issued urgently to the concerned departments

(i)           to review AEBAS and replace it with a separate attendance system (preferably using the departmental systems like ‘icegate’ and ‘aces’)

(ii)           to attend the infrastructural issues (provision of proper and clean lavatories, strengthening departmental Canteen facilities etc), and until such time,

(iii)        to continue with the attendance system as adhered to prior to introduction of AEBAS.

Thanking You,

Yours truly,

(R. Manimohan)

Secretary General

Copy submitted to:

Smt. Vanaja Sarna,

Chairperson, CBEC

New Delhi. (with a request to recommend the case of the Department in the light of security concerns involved)

(R. Manimohan)

Secretary General

Copy to:

1.    All Sister Associations in the CBEC

2.    All Sister Associations in the Department of Revenue  

3.    Secretary General, CCGGOO

(R. Manimohan)

Secretary General