{"id":45555,"date":"2018-06-23T17:44:28","date_gmt":"2018-06-23T12:14:28","guid":{"rendered":"https:\/\/apnlive.com\/?p=45555"},"modified":"2018-06-23T17:45:40","modified_gmt":"2018-06-23T12:15:40","slug":"aadhaar-biometric-data-cannot-be-shared-for-crime-investigations-uidai","status":"publish","type":"post","link":"https:\/\/apnlive.com\/india-news\/aadhaar-biometric-data-cannot-be-shared-for-crime-investigations-uidai\/","title":{"rendered":"Aadhaar biometric data cannot be shared for crime investigations: UIDAI"},"content":{"rendered":"

[vc_row][vc_column][vc_column_text]The Unique Identification Authority of India (UIDAI) has rejected National Crime Records Bureau’s (NCRB)<\/a> proposal seeking limited access to the Aadhaar database to catch first-time offenders, arguing that the law prohibits sharing of such information.<\/p>\n

The biometric data collected by Unique Identification Authority of India (UIDAI)<\/a> cannot be used for any other purpose except for generating Aadhaar and authenticating the identity of cardholders, said UIDAI, the body managing the Aadhaar program, said media reports.<\/p>\n

Invoking section 29 of the Act, the UIDAI said, \u201c\u2026biometrics data collected by UIDAI can be used only for the purpose of generating Aadhaar and for authentication of identity of Aadhaar holders and cannot be used for any other purpose.\u201d<\/p>\n

However, it said that the section 33 of the Aadhaar Act allows a very limited exception and permits the use of or access to Aadhaar biometric data in cases involving national security after pre-authorisation by an oversight committee headed by the Cabinet Secretary.<\/p>\n

The UIDAI said the statement was in reference to reports in certain sections of media about purported use of Aadhaar biometric data for the purpose of crime investigation and in that regard it has clarified that the use of or access to Aadhaar biometric data for criminal investigation is not permissible under Section 29 of the Aadhaar Act, 2016.<\/p>\n

The agency further said the stand was in line with the Centre’s position in the ongoing Aadhaar case in the Supreme Court.<\/p>\n

\u201cThis is also the consistent stand taken by the Union of India in the ongoing Aadhaar case in the Supreme Court. It may be noted that based on this legal position, UIDAI has never shared any biometric data with any crime investigating agency. It may be underlined here that when Mumbai High Court gave orders to share biometric data with an investigating agency in a particular case, the matter was taken up to the Supreme Court which stayed that order,\u201d UIDAI said.<\/p>\n

Government officials said the NCRB chief \u2019s proposal was ill conceived and pointed out that in some countries, authorities maintained a database of people who had been convicted, according to a report in The Times of India (TOI). \u201cIt does not mean that the police needs to access the data for all citizens. There are separate laws to deal with data on convicts and the information is collected by other agencies,\u201d said the report quoting official sources.<\/p>\n

The UIDAI statement came after NCRB director Ish Kumar on Thursday made a strong pitch for the police to be provided with limited access to Aadhaar data, to aide them in catching first-time offenders and for identification of unidentified bodies.<\/p>\n

The NCRB director had stated that around 50 lakh cases were registered every year in the country and most of them committed by first-time offenders, who leave their fingerprints, which would not be available in police records.<\/p>\n

\u201cThere is need for access to Aadhaar data to police for the purpose of investigation. This is essential because 80 to 85 per cent of the criminals every year are first time offenders with no records (of them available) with the police. But, they also leave their fingerprints while committing crime, there is need for limited access to Aadhaar, so that we can catch them,\u201d he said.[\/vc_column_text][vc_column_text css=”.vc_custom_1529755891762{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #a2b1bf !important;border-radius: 10px !important;}”]Restrictions on sharing information that are placed under Section 29 of the Aadhaar (Targeted delivery of financial and other subsidies, benefits and services) Act, 2016 (from The Indian Express):<\/p>\n

(1) No core biometric information, collected or created under this Act, shall be\u2014(a) shared with anyone for any reason whatsoever; or (b) used for any purpose other than generation of Aadhaar numbers and authentication under this Act.<\/p>\n

(2) The identity information, other than core biometric information, collected or created under this Act may be shared only in accordance with the provisions of this Act and in such manner as may be specified by regulations.<\/p>\n

(3) No identity information available with a requesting entity shall be\u2014(a) used for any purpose, other than that specified to the individual at the time of submitting any identity information for authentication; or (b) disclosed further, except with the prior consent of the individual to whom such information relates.<\/p>\n

(4) No Aadhaar number or core biometric information 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 specified by regulations.[\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n","protected":false},"excerpt":{"rendered":"