Lok Sabha Question No. 59 (STARRED), answered on 2016-04-27
Subject: Data Privacy in Aadhaar
Ministry: COMMUNICATIONS AND INFORMATION TECHNOLOGY
Asked by: ANIRUDHAN SAMPATH, M. B. RAJESH

## GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS & INFORMATION TECHNOLOGY

## (DEPARTMENT OF ELECTRONICS AND INFORMATION TECHNOLOGY)

## LOK SABHA STARRED QUESTION NO.*59

TO BE ANSWERED ON 27-04-2016

## DATA PRIVACY IN AADHAAR

## *59. DR. A.  SAMPATH: SHRI M.B.  RAJESH:

Will the Minister of Communications & Information Technology be pleased to state:

- (a) whether adequate legislative safeguards for individual data privacy and protection has been incorporated in the Aadhaar programme and if so, the details thereof;
- (b) whether  the  Government  is  in  receipt  of  complaints  about  Aadhaar  enrolment centres charging hefty sums from people in many centres in various States and if so, the details thereof : and
- (c) the corrective steps taken / proposed to be taken by the Government along with making public aware about the formalities and fees for getting an Aadhaar card?

## ANSWER

MINISTER FOR COMMUNICATIONS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

- (a) to (c):  A statement  is laid on the Table of the House.

## STATEMENT REFERED TO IN REPLY OF LOK SABHA STARRED QUESTION NO.*59 REGARDING DATA PRIVACY IN AADHAAR

…….

- (a): Yes, Sir. The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services)  Act,  2016  [Act  18  of  2016],  was  passed  by  the  Parliament  on  16-03-2016.    It  is designed to promote good governance, financial inclusion and for targeted delivery of subsidies, benefits and services to deserving individuals in a transparent manner.  In the Act, all important, legally validated and well certified principles of data privacy and protection of information have been incorporated.   The specific provisions of the Act, in this regard, are as follows :-
- (i) The  Act  provides  that  the  resident  shall  be  informed  at  the  time  of  enrolment  of  the manner in which the information collected at the time of enrolment shall be used and the nature of recipients with whom the information is intended to be shared during authentication [Section 3(2)].    Further,  consent  of  the  individual  would  be  obtained  for  using  his  identity  information during authentication and he would also be informed of the nature of information that may be shared upon authentication and usage thereof [Section 8 and 29(3).
- (ii) Section  29  provides  that  no  core  biometric  information  (iris  and  fingerprints)  shall  be shared with anyone for any reason whatsoever and the same shall not be used for any purpose other than Aadhaar generation and authentication.  It further provides that no Aadhaar number or core biometrics collected or created under this Act in respect of an Aadhaar number holder shall be  published,  displayed  or  posted  publicly,  except  for  the  purposes  as  may  be  specifically provided for by the regulations framed under this Act.
- (iii) As per Section 33 disclosure of identity information and authentication records  can be made (i) pursuant to an order of a court not inferior to that of a District Judge  or (ii)  in  the interest  of national   security,  in  pursuance of  a
- direction  of  an  officer  not  below  the  rank  of  a  Joint  Secretary  to  the  Government  of  India, specially authorised for the said purpose.  Further, any such direction issued shall be reviewed by an  Oversight  Committee  consisting  of  the  Cabinet  Secretary  and  the  Secretaries  to  the Government of India in the Department of Legal Affairs and the Department of Electronics & Information Technology, before it takes effect.
- (iv) Further, contravention of any provisions of the Act would attract penalties as specifically provided for in Chapter VII of the Act.

Moreover, it is also submitted that adequate technological and process safeguards have been built into the infrastructure for ensuring data security and protection.

- (b) and (c): There  are  multiple  grievance  mechanisms  available  for  the  residents  to  file complaints  regarding  UIDAI  including  the  Central  Public  Grievance  Portal,  UIDAI's  Contact Centres, Toll Free Number system and through E-Mail id help@uidai.gov.in, whereby residents can  file  complaints  including  those  related  to  Aadhaar  enrolment  centres  allegedly  charging money  from  residents.    Till  date,  4983  complaints  have  been  received  at  the  UIDAI  contact centres for allegedly charging money from residents.  Action such as suspension, black-listing of operators  etc  are  taken  based  on  the  outcome  of  the  investigation  of  such  complaints.    So  far 11,974  operators have  been  suspended  /blacklisted on account of  misconducts  such  as

corruption, process violations, poor data quality, etc. If Enrolment Agencies are found complicit, then  in  such  cases,  the  respective  Registrars  -  mainly  State  Governments  -  are  asked  to investigate the matter and take suitable action.

UIDAI conducts Information, Education and Communication (IEC) activities in States, through its Regional Offices, and public awareness activities through Print Media, Electronic media and All India Radio at regular intervals to popularize the message of Aadhaar viz. enrolment being free of cost.

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