Much ado about data privacy of voters list

Operation Twins

The CPI (M) has accused Opposition Leader Ramesh Chennithala of leaking data on voters and publishing them on a server located in Singapore. However, the accusation does not hold water in the face off facts.

Mr. Chennithala had published data on 4.34 lakh persons in the voters’ lists for the upcoming Kerala Assembly Elections, whose photos appear under different names in the same constituency or other constituencies or whose names appear more than once in the lists, on the site operationtwins.com. Voters’ lists are data in the public domain, so no leak has taken place.

Voters list is not sensitive data under the IT Act and Rules unlike health information which is defined as sensitive (recall the controversy over Springler).   Information Technology (Reasonable Security Practices and procedures and sensitive personal data or information) Rules, 2011 also has a proviso to Section 3 that says that “any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005, or any other law for the time being in force  shall  not  be  regarded  as  sensitive  personal  data  or  information  for  the  purposes  of  these rules”.

It is true that the Web server is located in Singapore. However, that does not alter the legal position. Voters list is data officially published under the law and accessible in public domain.

The only thing that you can accuse the Opposition Leader is that there are some errors in his list of bogus voters. Besides, he was not honest enough to include some duplicate entries of Congress candidates and their relatives in the list. Possibly because of limitations of photo matching, the names of twins have been flagged as duplicate entries, with operation twins thus causing some heartburn to real twins. While a chunk of data point to fraud, other duplicate entries could be the result of failure of the officials to delete previous entries when voter requests change of address or corrections.  It is clear that sufficient diligence had not been shown by electoral officers.

Mr. Chennithala has chosen to register a domain with commercial extension for the site and keeping the registrant information private. He could have chosen extensions (top level domains) like .in or .org.in. But it is a matter that hinge on availability/personal choice/ignorance. The person who registered the site probably did not register the site in the name of Mr. Chennithala and wanted to keep his name private.

It may also be noted that the accusations against Mr. Chennithala comes when there is demand for publishing of more data relating to electoral process internationally by organisations like the Open Election Data Initiative. So, Mr. Chennithala’s initiative is setting up a site to expose electoral malpractices is laudatory.

In fact, Mr. Chennithala has been raising a number of allegations against the LDF government. If even a fraction of them are correct, that do not bode well for the State. If the LDF is re-elected to power, the government would be at the mercy of Central agencies. This can give rise to deals between the CPI (M) and the BJP or even instability of the government.

However, this may not be a problem for Chief Minister Pinarai Vijayan to manage for he has already taken a few leaves from Modi’s note book to retain power and pelf.

Duplicate entries in voters list is a massive fraud

Lakhs of duplicate names and fake entries in the voters list for Legislative Assembly elections in Kerala is a massive fraud on the people of the State.

The initial estimates are that the number of duplicate entries, which can be used for voting by impersonation, is above four lakhs. There is also the allegation that migrant workers had been enlisted without following procedure and checking their status properly.

It is surprising that the electoral officers had not cared to check for duplicate entries at least in the same constituency not to speak of duplicate entries across constituencies. This is when computer technologies these days make it easy to find duplicate entries, though Malayalam script and variations may make it a little difficult than in English.

The existence of large number of duplicate entries came to public knowledge when Opposition Leader Ramesh Chennithala raised the issue and accused the ruling front of complicity. Apparently, he had been assisted by someone skilled in analysis and comparing of large chunks of data.

It is not surprising that the things have come to such a pass, given the lackadaisical manner in which the Office of the Chief Electoral Officer (CEO), Kerala, handled data. This had not started in recent years. As back as in the nineties, total votes polled and the sum of the votes polled by individual candidates did not tally in certain cases. In one of the election reportage, published by the ECI, the numbers did not tally in more than 25 constituencies. Though this was brought to the notice of the CEO, he did not correct them and they still remain as the official tally. By 1996, computers came into use in compiling data and the figures. Data, which could not be validated, were artificially tallied by adjusting invalid and uncounted votes.

In the 2016 Assembly elections, some data in the Constituency data summary, officially released by the Election Commission (especially that of electors and votes polled), do not match with the detailed results published by ECI. There were also variations with detailed results published on the Web at the time of announcement of results.

The CEO’s Office has been reluctant to release computer-processable data, which can be used for data validation, despite an order by the State Information Commission under the RTI Act. (The accompanying image shows the operative part of the order of the Commission dated May 29 last year which is yet to be complied with). These were symptoms of deeper malady.

Despite all the improvement of communication facilities, the CEO office often has not been able to come out with correct percentage of polling on the polling day itself. The number of electors supplied before and after polling often varied as last minute enrollments and deletions were not either properly updated or were plainly incorrect.

Now, it is going to be an uphill task for the election officials to delete lakhs of duplicate and fake entries and furnish the count. There is also the issue of bogus or multiple electoral identity cards issued in the name of the same person.  It is not going to be easy to find them and destroy them.  This raises the prospect of miscarriage of the electoral verdict.

Though the irregularities could not have happened to this scale without the connivance of officials, a proper inquiry is yet to be conducted. So far action had been taken against only one official though many need to be removed from playing any role in the elections. Meanwhile Mr. Chennithala has approached the High Court seeking action.

SIC order
Operative part of the SIC order on RTI request for election data.

Ramesh to wait in the wings

It should not come as a surprise to close observers of politics in Kerala that KPCC President Ramesh Chennithala has declined to join the Oommen Chandy government.

Mr. Chennithala knows well that he is to gain little by joining the ministry as this juncture either as deputy chief minister or home minister.

Ramesh Chennithala

Ramesh Chennithala

Deputy Chief Minister would mean little for Mr. Chennithala as it is very difficult to grow as a power centre in government when Mr. Chandy is in government. Mr. Chandy has more grass-root support than Mr. Chennithala and is a better political strategist than Mr. Chennithala. Home Ministership would only be a bed of thorns when the government is facing a series of accusations.

The government’s stock is likely to come down in the coming days and Mr. Chennithala too would have to go down with it if he joins the ministry. On the other hand, there is a real possibility that Mr. Chandy would be forced to step down after the Lok Sabha polls. Then Mr. Chennithala would face not much challenge in getting into the Chief Minister’s chair. (Mr. K. M. Mani has also tossed his hat in the ring. However, Sonia Gandhi is understood to have rejected his claim. That explains recent critical statements by Mr. Mani).

He stands to lose nothing by continuing till then as KPCC president. If the Chief Ministership does not come his way after the elections, he still can look for a minister ship at the Centre if Congress is returned to power.

Actually, the positions regarding Cabinet reshuffle had been taken much earlier by Mr. Chennithala and others. The issue was raked up again to divert attention from solar panel scam. As on the earlier occasion, none could agree on each other’s claims and demands. By Wednesday, Mr. Chandy had stated that there would be no major revamp. Today, all the parties are back to their positions stated earlier.