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Newspaper, Journalist under Criminal Investigation for India Database Breach Story

Accepted submission by Anonymous Coward at 2018-01-12 20:42:58 from the don't-do-the-crime-if-you-can't-do-the-time dept.
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The Indian Express reports [indianexpress.com] that a FIR (First Information Report [wikipedia.org]) has been filed, and a criminal investigation has begun, against the newspaper and reporter who published a story about theft of data from Aadhaar [wikipedia.org], India's national identity system:

A deputy director of the Unique Identification Authority of India (UIDAI) has registered an FIR against The Tribune newspaper and its reporter Rachna Khaira following her report on how anonymous sellers over WhatsApp were allegedly providing access to Aadhaar numbers for a fee.

The FIR also names Anil Kumar, Sunil Kumar and Raj, all of whom were mentioned in The Tribune report as people Khaira contacted in the course of her reporting.

Joint Commissioner of Police (Crime Branch) Alok Kumar confirmed that an FIR had been registered and an investigation launched. The FIR has been lodged with the Crime Branch's cyber cell under IPC Sections 419 (punishment for cheating by impersonation), 420 (cheating), 468 (forgery) and 471 (using as genuine a forged document), as well Section 66 of the IT Act and Section 36/37 of the Aadhaar Act.

The UIDAI issued a press release (PDF) [uidai.gov.in] (Internet Archive link [archive.org]) about the FIR, in which it denies that the biometric database was breached:

Unique Identification Authority of India (UIDAI)
Press Note
07.01.2018
New Delhi. Unique Identification Authority of India (UIDAI) said today that in the recent case of The Tribune's report in which an FIR is filed, an impression is being created in media that UIDAI is targeting the media or whistleblowers or "shooting the messenger". This is not at all true. This is a case in which even though there was no breach of Aadhaar biometric database, because UIDAI takes every criminal violation seriously, it is for the act of unauthorized access, criminal proceedings have been initiated.

UIDAI respects Free Speech including the Freedom of Press and Media. However UIDAI's act of filing an FIR with full details of the incident should not be viewed as UIDAI targeting the media or the whistle-blowers or "shooting the messenger".

It has to be understood that whenever a crime is noticed, the concerned person is required to report in the form of FIR (First Information Report) to police in which the entire details of the crime and the incident have to be disclosed to the police. The full details of the incident as available needs to be provided with the names of persons known or unknown connected with the incident in the FIR complaint so that police or the investigating agency can take up a full and fair investigation and bring the culprits to just ice. It does not necessarily mean that everyone mentioned in the FIR is a culprit unless after a thorough and fair investigation the person is chargesheeted and proved to be guilty beyond doubt in the court of law. But all those who have been there in the chain of incident in which the crime has been committed, have to be mentioned including unknowns in the FIR so that police can make proper investigation in the interest of justice.

In this case, UIDAI filed a complaint on 4th Jan. 2018 with full details of everyone involved in the incident on which an FIR no. 9/18 of PS Crime branch dated 5/1/2018 has been registered in Cyber Cell of Delhi Police against Anil Kumar, Sunil Kumar, Raj, Rachna Khaira, The Tribune and other unknown persons for violations of Section 36 and 37 of Aadhaar Act, 2016, Section 419, 420, 468 and 471 of IPC and Section 66 of IT Act, 2000/8. UIDAI is duty bound to disclose all the details of the case, which was in its knowledge at the time of filing the FIR, and name everyone who is an active participant in the chain of the events leading to commission of the crime , regardless whether the person is a journalist or anyone else, so that police can conduct proper investigation and bring the real culprit to justice. It does not mean that all those who are named in the report are necessarily guilty or being targeted. Whether one is guilty or not will be decided after police investigations and trial.

UIDAI would like to reassure everyone that there has absolutely been no breach of Aadhaar biometric database in any manner whatsoever. It also holds that the said Tribune report of Billion Aadhaar details on sale for Rs 500 is clearly a case of misreporting being incorrect and misleading..

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Related: Individual Personal Details From "Aadhaar", India's Billion-Person Identity Database, for $8 [soylentnews.org]


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