In News:

• Recently, the Unique Identification Authority of India (UIDAI) told the Delhi High Court that fingerprints found at a scene of crime cannot be matched against the Aadhaar database to identify a criminal.

What’s in today’s article:

• Context (About the case, News Summary, Exceptions when Aadhar info can be revealed)
• About Aadhar Act, 2016 (Major provisions, About UIDAI)

About the Case:

• The UIDAI was responding to a query from the Delhi High Court in connection with a 2018 robbery and murder at a jewellery shop in Delhi.
• The query came after the prosecution sought to know if potential fingerprints and photographs of unknown accused could be matched with the Aadhaar database to identify the culprits.
• In an order passed in February, the High Court asked the UIDAI to respond whether the Aadhaar Act 2016 permits the same.

News Summary:

• The UIDAI said in its affidavit that sharing or use of biometric information for any use other than the generation of the Aadhaar number, and authentication, is “impermissible”.
  • Section 29 of the Aadhar Act places restrictions on sharing information collected or created under the Act.
• The UIDAI also referred to regulation 3 of the Aadhaar Act, which says “core biometric information collected by the Authority under the Act shall not be shared with anyone for any reason whatsoever”.
• The UIDAI also added that it does not have the technology to match fingerprints etc found at the scene of a crime with those available on its database.
• The UIDAI added that the biometrics information is only used for de-duplication of residents and to ensure uniqueness of Aadhaar number.
• The UIDAI submitted that as per the mandate of the Aadhaar Act and the direction of the Supreme Court, such information cannot be provided without giving an opportunity of hearing to the Aadhaar cardholder in question

Exceptions when Information can be revealed:

• Certain provisions of the Aadhar Act, 2016 allow for sharing the information in the following two scenarios:
  • In the interest of national security, a Joint Secretary in the Central Government may issue a direction for revealing, (i) Aadhaar number, (ii) biometric information (iris scan, finger print and other biological attributes specified by regulations), (iii) demographic information, and (iv) photograph.
• Such a decision will be reviewed by an Oversight Committee and will be valid for six months.
  • On the order of a court, only (i) an individual's Aadhaar number, (ii) photograph, and (iii) demographic information, may be revealed.

About Aadhar Act, 2016:

• The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (shortly called Aadhar Act), was passed by the Parliament in March, 2016.
• Objectives:
  • To provide legal backing to the Aadhaar unique identification number project.
  • To provide for targeted delivery of subsidies and services to individuals residing in India by assigning them unique identity numbers, called Aadhaar numbers.

Major Features of the Act:

• Eligibility:
  • Every resident shall be entitled to obtain an Aadhaar number.
  • A resident is a person who has resided in India for 182 days, in the one year preceding the date of application for enrolment for Aadhaar.
• Information to be Submitted:
  • Biometric (photograph, finger print, iris scan) and Demographic (name, date of birth, address) information.
• Use of Aadhar Number:
  • To verify the identity of a person receiving a subsidy or a service, the government may require them to have an Aadhaar number.
  • Any public or private entity can accept the Aadhaar number as a proof of identity of the Aadhaar number holder, for any purpose.
  • Aadhaar number cannot be a proof of citizenship or domicile.
• Protection of Information:
  • Biometric information such as an individual’s finger print, iris scan and other biological attributes (specified by regulations) will be used only for Aadhaar enrolment and authentication, and for no other purpose.
  • Such information will not be shared with anyone, nor will it be displayed publicly, except for purposes specified by regulations.
• Offences & Penalties:
  • A person may be punished with imprisonment up to three years and minimum fine of Rs 10 lakh for unauthorised access to the centralized data-base, including revealing any information stored in it.

About Unique Identification Authority of India (UIDAI):

• The Unique Identification Authority of India is a statutory authority established under the provisions of Aadhaar Act 2016.
• UIDAI was created to issue a 12-digit Unique Identification numbers (UID), named as "Aadhaar", to all residents of India.
• Under the Aadhaar Act 2016, UIDAI is responsible for:
  • Aadhaar enrolment and authentication,
  • Operation and management of all stages of Aadhaar life cycle,
  • Developing the policy, procedure, and system for issuing Aadhaar numbers to individuals
  • Perform authentication of identity information and of records of individuals.
• Nodal Ministry: Ministry of Electronics and Information Technology (MeitY)