Usage of Aadhaar – Guidance on Interim Order of Hon’ble Supreme Court

Guidance on the interim orders of the Hon’ble Supreme Court dated 11.08.2015 and 15.10.2015

File No. 10(36)/2015-EG-II(Part-IV)

Government of India

Department of Electronics & Information Technology

(E-Governance Division)

Electronics Niketan

6, CGO Complex

New Delhi-110003

Dated: 01 Dec 2015

OFFICE MEMORANDUM

Sub: Guidance on the interim orders of the Hon’ble Supreme Court dated 11.08.2015 and 15.10.2015 in WP. 494 of 2012 and other related matters.

I am directed to refer to the orders of the Hon’ble Supreme Court dated 11/08/2015 and 15/1or2015 in WP. 494 of 2012. UIDAI had sought the advice and opinion of the Attorney General (AG) on the usage of Aadhaar by Central / State Governments. The advice/ clarification received from Attorney General is as under:-

Query

a) Whether in light of the above interim orders, a resident can use his own Aadhaar voluntarily for the purpose for the purpose of his identification and authentication and if so, whether the authorities can accept the said Aadhaar as the resident’s proof of identity. For example, if a person uses his Aadhaar card as proof of identity in an airport or to authenticate his identity as part of a government application, can the airport authorities/relevant government authorities accept Aadhaar as the person’s proof of identity or ask him to produce some other ID.

Response of AG

Yes, Voluntary use for purposes of identification by an Aadhar cardholder, say at the airport, is valid and it not necessary to ask for production of some other ID.

Query

b) Whether, in light of the fact that the Hon’ble Supreme Court has allowed use of Aadhaar in the Prime Minister’s Jan Dhan Yojna (PMJDY) Scheme. an umbrella scheme, which prescribes for channelling all Government benefits through beneficiaries’ Jan Dhan Accounts, can the Government implement Direct Benefit Transfer schemes of Government of India it they are channelled through PMJDY accounts.

Response of AG

Channelizing Govt. benefits is DBT Schemes through PMJDY would be in line with the order of the Supreme Court dt. 15.10.2015.

Query

c) For implementation of the welfare programmes, various government agencies and departments have requested UlDAl for biometric information of the individuals who had given their consent for sharing their data at the time of Aadhaar enrolment or subsequently. In light of the interim orders stated above, whether biometrics of such individuals can be shared with the requesting entities.

Response of AG

No. Sharing of biometric data is prohibited.

Query

d) Various government agencies/departments have requested for access to the Aadhaar database to locate the details of the person whose Aadhaar number is not known by matching the demographic details. In light of the above-mentioned interim orders, whether enabling access to the Aadhaar database, in such cases, would be permissible.

Response of AG

No. There is a complete prohibition.

Query

e) Whether, Government departments and agencies can continue seeding Aadhaar on voluntary basis into their beneficiary database.

Response of AG

Yes, please refer to answer (a).

This issues with the approval of Secretary DeitY.

(Archana Dureja)

Scientist ‘F’/Director

Tel. No. 24362528

Forwarding letter by EPFO:-

Employees’ Provident Fund Organisation

(Ministry of Labour, Govt. or India)

Head Office

Bhavishya Nidhi Bhawan, 14- Bhikaji Cama Place, New Delhi – 110066

No.Coord/40(21)2010/Misc./21781

Dated: 18.01.2016/21.01.2016

To

All Addl. C.P.F.Cs (Zones),

All Regional P.F .Commissioners,

In-charge of Regions/Sub-Regional Offices.

Sub: Guidance on the interim orders of the Hon’ble Supreme Court dated 11.08.2015 and 15.10.2015 in W.P. 494 of 2012 and other related matters – Regarding.

Sir,

Please find enclosed herewith a copy of Office Memorandum File No. 10(36)/2015-EG-II (Part-IV) dated 01.12.2015 received from E-Governance Division, Department of Electronics Information Technology (Deity) on the above cited subject , which is self -explanatory

2. The advice and opinion is given to UIDAI on the usage of Aadhar by Central /State Governments in the said Office Memorandum by the Attorney General.

3. The copy of the said Office Memorandum dated 01.12.2015 is forwarded herewith for in Formation and necessary action accordingly.

Yours faithfully,

(Jagmohan)

Addl. Central PF Commissioner-I (Coord.)

Usage of Aadhar: Guidance on the interim orders of the Hon’ble Supreme Court dated
11.08.2015 and 15.10.2015

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