Protection of Information Related to Aadhaar Card

The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits, and Services) Act, 2016, also known as the Aadhaar Act, is a significant piece of Indian legislation that aims to provide a unique identification number to each resident of India. The Act defines the collection, storage, and sharing of data pertaining to Aadhaar cardholders, as well as other aspects of the Aadhaar program. The Act also includes provisions for protecting the personal information of Aadhaar cardholders.

Protection of Information under the Act

The Aadhaar Act has various provisions to protect the information related to the Aadhaar card. Some of the provisions are −

Security and Confidentiality of Information

Section 28 of the Aadhaar Act requires the UIDAI to take the necessary steps to ensure the security and confidentiality of the data stored in the Aadhaar database. It also requires that organizations that have access to Aadhaar data take similar precautions to ensure the security and confidentiality of the information.

Restrictions on Sharing Information

Section 29 of the Adhaar Act states that an individual's Aadhaar number, core biometric information, or other demographic information shall not be shared with anyone unless requested by a court or tribunal in accordance with the Act's provisions. The section also states that any entity that collects, stores, or processes Aadhaar information must ensure the information's security and confidentiality, as well as take appropriate measures to prevent unauthorized access or use. The purpose of this section is to protect Aadhaar holders' privacy and security while also preventing the misuse of their information.

Biometric Information Deemed to Be Sensitive Personal Information

According to Section 30 of the Act, biometric information gathered under the Act is considered sensitive personal information. Section 2(g) defines "biometric information" as a photograph, fingerprint, Iris scan, or other biological characteristics of a person as prescribed by regulations. As a result, biometric information collected for the purpose of Aadhaar authentication is considered sensitive personal information under Section 30 of the Aadhaar Act and is subject to stringent safeguards to ensure its confidentiality, security, and privacy.

Alteration of Demographic Information or Biometric Information

Section 31 of the Act deals with the alteration of Aadhaar holders' demographic or biometric information. According to this section, an Aadhaar holder can request the correction or updating of their demographic or biometric information. The Unique Identification Authority of India (UIDAI) shall, by regulations, specify the manner in which such requests for correction or updating may be made.

Access to Own Information and Records of Requests for Authentication

According to Section 32 of the Act, each Aadhaar number holder has the right to obtain their authentication record in accordance with any applicable regulations, and the Authority shall maintain authentication records in the manner and for the duration specified by regulations. Further, it states that the Authority shall not, either by itself or through any entity under its control, collect, keep, or maintain any information about the purpose of authentication.

Disclosure of Information in Certain Cases

Section 33 of the Act of 2016, deals with the disclosure of information in certain circumstances. According to the section, the Unique Identification Authority of India (UIDAI), which is in charge of administering the Aadhaar program, may disclose an individual's Aadhaar number and demographic information in the following circumstances −

• In the interest of national security, upon a direction by an officer not below the rank of Secretary authorized by the Central Government.

• On the order of a court, not inferior to that of a judge of a High Court.

Challenges in Implementing the Provisions

The implementation of the provisions for the protection of information related to the Aadhaar card faces various challenges. Some of the challenges are −

• Lack of Awareness − Many people in India are not aware of the provisions of the Aadhaar Act relating to the protection of information. This lack of awareness makes them vulnerable to the misuse of their Aadhaar information.

• Weak Data Protection Laws − India does not have a comprehensive data protection law. The existing laws do not provide adequate protection for the personal information of individuals.

• Lack of Proper Implementation − The provisions of the Aadhaar Act relating to the protection of information is not implemented properly. The entities that have access to Aadhaar information do not take adequate measures to ensure the security and confidentiality of the information.

Conclusion

The Aadhaar Act is a significant piece of legislation that aims to provide a unique identification number to every Indian citizen. The Act also includes provisions for protecting Aadhaar cardholder information, such as the collection, storage, and sharing of such information. The Act requires stringent security measures to protect Aadhaar data and prohibits unauthorized access or disclosure of such data.

The Act also imposes penalties on anyone or entity who violates the provisions governing the protection of Aadhaar information. Overall, the Aadhaar Act is an important step toward ensuring personal information privacy and confidentiality in India.

Frequently Asked Questions

Q1. What kind of information is protected under the Aadhaar Act?

Ans. Under the Act, personal information related to Aadhaar, such as the Aadhaar number, biometric information, and demographic information, is protected. The Act prohibits the collection, use, and disclosure of this information except as provided for in the Act.

Q2. Who is responsible for protecting the information related to Aadhaar?

Ans. The Unique Identification Authority of India (UIDAI) is responsible for protecting the information related to Aadhaar. The UIDAI is a statutory authority established under the Aadhaar Act, of 2016.

Q3. How is the information related to Aadhaar protected under the Act?

Ans. The Act provides for several safeguards to protect the information related to Aadhaar. These include requirements for informed consent, purpose limitation, data minimization, security safeguards, and accountability measures.

Q4. What are the penalties for violation of the Act?

Ans. The Act provides for penalties for violation of its provisions. These include imprisonment and fines for unauthorized disclosure of information related to Aadhaar, as well as penalties for failure to comply with the provisions of the Act.