Examining the state of Anonymity

Three Relationships

Citizen – Government
Consumers – Businesses
Employee – Employer

Citizen – Government Relationship

What is the need for Anonymity? Pros and Cons
In which circumstances is anonymity required?
How technically feasible is to provide anonymity?
What is the impact if anonymity on transactions with Government and its duties?

C2G

Why is anonymity required?

Provides privacy, and allows actions, transactions etc to be kept private
Ability to express oneself without being known
Vital to protect freedom of expression without any threat of injury or harm
Allows the government to provide protection to its officials through anonymity in the interest of national security
Allows government officials to disseminate information without fear of political backlash

C2G |Pros and Cons

Pros

Whistle blowers are provided greater protection from harm
Allowing complaints against government officials/departments to be filed anonymously
Lowers the risk of abuse of information by government officials
Seeking information from the government anonymously, eg. RTI Anonymous
Protection of witnesses and preventing them from turning hostile
Classified information for the purpose of national security

C2G |Pros and Cons

Pros

Anonymity to victims of sexual offense, juveniles and suspects untill proven guilty
Use of Internet and telecommunication services without fear of surveillance
Availing healthcare benefits without the possibility of disclosure of private health information to any third parties
Protection of identity and sensitive information of pregnant women while undergoing pre-conception, pre-natal and ultra-sonography tests.
Protection of privacy of patients in psychiatric care

C2G |Pros and Cons

Cons

Impedes the ability of the government to identify any threats
Prevents efficient and targetted delivery of government services and policies
Hinders prevention and identification of fraudulent financial transactions
Lack of complete and accurate information to facilitate better relief during disasters and emergencies

C2G |Pros and Cons

Circumstances in which Anonymity is Required?

Whistle-blowing
Complaints
Access to Telecom Services
Healthcare
Freedom of Expression
National Security
Justice System
Financial Services
Delivery of Government services

C2G | Required in which circumstances

Legislations

Whistleblowers Protection Act, 2011
Whistleblowers Protection (Amendment) Bill, 2015

C2G | Required in which circumstances | Whistle-blowing

Key Takeaways

No definition of 'victimisation' in the Act. Vagueness about ways in which complainant may be victimised.
Exception to obligation of 'Competent Authority' to keep confidential identity of the complainant – If complainant has revealed his identity to any other office
Amendment Bill adds a list of exceptions for matters involving national security, cabinet papers, privileged documents, or information threatening someone's life or safety.

C2G | Required in which circumstances | Whistle-blowing

Policies/Projects

Guidelines by the Dept. of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, GoI on handling of complaints
GoI Resolution on Public Interest Disclosures and Protection of Informer (PIDPI)
Various initiatives taken of installing complaint boxes outside police stations and markets enabling anonymous complaints

C2G | Required in which circumstances | Complaints

Key Takeaways

PIDPI Resolution and Guidelines only concern the Central Government Ministries and Departments. No such mandatory policies for states government
Complaints filed anonymously or pseudonymously are not taken cognizance of.
Departments/Ministries to keep confidential the identity of complainant
Initiatives of complaint boxes lack any mechanism for complainants to follow up on their complaints

C2G | Required in which circumstances | Complaints

Policies/Projects

C2G | Required in which circumstances | Telecom Services

Key Takeaways

Under the IT Rules, proof of identity needs to be provided before accessing the internet at a cyber cafe
IRINN Policy requires identification documents like PAN for an individual to become an affiliate
IDIN and .IN registration require proof of identity and address documents
ISPs needs to keep maintain data logs of each IP address which may be traced back to the individual

C2G | Required in which circumstances | Telecom Services

Policies/Projects

Right to Information Act, 2005
RTI Anonymous

C2G | Required in which circumstances | RTI

Policies/Projects

Text

C2G | Required in which circumstances | RTI

Key Takeaways

Previously no RTI requests could be made anonymously
In 2012, Calcutta HC made filing of RTI application anonymously using post box numbers permissible.
Online portals allow RTI's to be filed anonymously.
Intelligence agencies and Information relating to national security, or infringing privacy of a government official is exempted from the purview of RTI Act.

C2G | Required in which circumstances | RTI

Policies/Projects

C2G | Required in which circumstances | Justice System

Consultation paper by Law Commission of India on witness identity protection and witness protection programmes, August 2004
Indian Penal Code, 1860 (Section 228 A, Disclosure of identity of victim of sexual crimes)
Indian Evidence Act, 1882 (Section 146 - Unlawful questions in cross-examination)
Juvenile Justice Act, 2000
Terrorist and Disruptive Activities Act, 1985
Unlawful Activities (Prevention) Amendment Act, 2004 (Section 44 - Protection of witnesses)
National Investigation Agency Act, 2008 (Section 17 - Protection of witnesses)

Key Takeaways

No dedicated law or guidelines to provide for witness protection.
Provisions under Terrorist and Disruptive Activities Act, Unlawful Activities (Prevention) Amendment Act and National Investigation Agency Act, 2008
Provisions to criminalize disclosure of victim's identity and protection of rape victims under Evidence Act and IPC.
Section 21 Prohibits publication of details of a juvenile to ensure anonymity under the JJ Act.

C2G | Required in which circumstances | Justice System

Policies

C2G |Required in which circumstances | Financial Services

Key Takeaways

KYC norms enable banks keep a check on all transactions (even if suspicious) and share such information with law enforcement agencies
Information derived from KYC is confidential
Any additional information to be collected on voluntary basis

C2G | Required in which circumstances | Financial Services

Policies

Medical Termination of Pregnancy Act, 1971
Health data under UID Project
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
"Save the Baby Girl" Project, 2009
PNDT Rules, 1996
Mental Health Act, 1987
IMC (Professional conduct, Etiquette and Ethics) Regulations, 2002 (Code of Ethics Regulations, 2002)
Ethical Guidelines for Biomedical Research on Human Subjects, 2006
National Policy for Persons with Disabilities, 2006

C2G | Required in which circumstances | Healthcare

Key Takeaways

Obtaining a disability certificate requires disclosure of sensitive and personal information
Disclosure of information to undergo pre-natal diagnostic testing and ultra-sound is mandatory
Legislations ensure data of women undergoing abortion/such tests is kept confidential & Physicians required to keep patient's information confidential

C2G | Required in which circumstances | Healthcare

Key Takeaways

Inspection of records in psychiatric hospitals and nursing homes to be allowed only by State Government authorized officers
Compliance with Principles when conducting research on humans: Principle of Informed consent, Privacy, Confidentiality, Accountability, Transparency and Compliance
UID Scheme has potential to facilitate breach the anonymity of health data collected

C2G | Required in which circumstances | Healthcare

Policies/Projects

Collection of Statistics Act, 2008
PAN Card
UID Scheme (Aadhaar card)
Ration/PDS Card
NREGS job card
Pensioner photo card
CGHS / ECHS photo card
Kissan photo passbook

C2G | Required in which circumstances | Delivery of Government Services

Key Takeaways

Providing information to avail services and benefits of Government schemes and policies
Identification becomes important in times of national emergencies like natural disasters, epidemics etc for better provision of relief and aid

C2G | Required in which circumstances | Delivery of Government Services

Whistle Blowing and Complaints

Technical solution like Wikileaks which publish classified information from anonymous sources
Solutions like Wikilieaks can have standards to authenticate the source along with security and policy standards that protect the identity of the informant
Use of data encryption and decryption progarms like PGP and GnuPG
Use of data encryption software will provide cryptographic privacy and authentication for data communication

C2G | Technical solutions and feasibility

Telecom Services

Currently identification information needs to be provided at every stage for availing telecom services
Identity brokers - third party service providers who vouch for the individuals and organizations and enable them to avail services without having to disclose their data

C2G | Technical solution and feasibility

RTI

Solutions like RTI Anonymous allows filing of RTI applications without revealing one's identity
The response from the government is made available on the website and is easily accessible
Solutions like RTI Anonymous will facilitate seeking of information without the fear of retribution by exposing one's identity

C2G | Technical solution and feasibility

Justice System

Potential solutions like In-camera testimony of witnesses over secure networks like TOR which cannot be traced back to the individual would be useful
This will require authenticating mechanisms like security keys provided to the witness to ensure reliability

C2G | Technical Solutions and Feasibility

Healthcare Services

For tests that lead to sensitive information like HIV and STDs, provision for dropping of bottles, and samples with only serial number, and facility to check the results on public display that reveal the results against the serial number are needed
Systems that facilitate greater anonymity for sensitive information will prevent discrimination
However, in absence of proper education in how to provide blood and other samples, risk of inadequate information to provide definitive results

C2G | Technical Solutions and Feasibility

Financial services

Almost impossible to conduct financial transaction without revealing identity
Only possible in case of offline cash transactions
Use of Bitcoins may allow anonymity in limited spheres

C2G | Technical solution and feasibility

Delivery of government services

Most benefits and services provided by the government require identity
Schemes like food coupons may be used instead of identity linked rations
Government tracks identity linked data for insights to improve its services
This will be prevented in case of schemes which are not identity linked.

C2G | Technical solution and feasibility

Employee – Employer Relationship

What is the need for Anonymity? Pros and Cons
In which circumstances is anonymity required?
How technically feasible is to provide anonymity?
What is the impact of anonymity?

E2E

What is the need for anonymity?

At the time of an individual providing data for availing some services/benefits such as:
Use of Social Networking Sites, blogs, newsletters, archives
Email and other modes of communication
E-commerce
Use of Data collected by Government, Corporates, Businesses for purposes other than agreed at the initial collection point

E2E |Pros and Cons

Pros

Benefits both employer and employee
It helps in creating innovation and boost morale of our employees
An effective tool to identify pool of human resources talent
Global platform for employees to collaborate amidst diverse cultures

E2E |Pros and Cons

Cons

Cyber Bullying
Compromising one’s privacy
Huge administration cost to manage grievances and breaches
Lack of specialized professionals
Stringent laws and regulations

E2E |Pros and Cons

Examples

Secret – revamped its application, borrowing ideas from apps like Yik Yak and Snapchat and others in order to introduce new features like location based posts and disappearing private messages.
Yik Yak – combines anonymity with location based networking, cyber bullying became so bad this year that the company had to implement technology

E2E |Pros and Cons

Circumstances in which Anonymity is Required?

Reporting of Incidents
Fraud allegations
Whistleblowers

E2E | Required in which circumstances

Technical Feasibility

Right to anonymity by an employee is waived when Organization’s business interest is threatened – When employer’s proprietary information is breached, or Contractual obligations agreed with the Client is violated
Client is King for employers
Lack of user awareness in using the social networking platforms and online media

E2E |Technical Feasibility

Technical Feasibility

Stringent laws and regulations that embraces monitoring as a tool limits right of an user to avail full anonymity
Increasing crimes at Cyber Space and paradigm shift in the technological landscape
Current method of handling anonymity breaks at the public level doesn’t apply well on social networking web sites.
Use of Privacy Enhanced Technologies (PETs)

E2E |Technical Feasibility