AADHAR : Data for Criminal investigation

Can Aadhar data be used for criminal investigation?
How this question arose?
  • National Crime Records Bureau (NCRB) Director made strong pitch for police to be provided with limited access to Aadhaar data to aide them in catching first-time offenders and for identification of unidentified bodies.
  • At present around 50 lakh cases were registered every year in the country and most of them (80 to 85%) are committed by first time offenders who leave their fingerprints, which are available in police records.
  • So there is need for access to Aadhaar data to police for purpose of investigation.
What is UIDAI’s view in this regard?
  • The Unique Identification Authority of India (UIDAI) has notified that use of Aadhaar biometric data for criminal investigation is not allowed under Aadhaar Act, 2016.
  • As per Section 29 of the Aadhaar Act, the biometrics data collected by UIDAI can be used only for purpose of generating Aadhaar and for authentication of identity of Aadhaar holders and cannot be used for any other purpose.
  • The very limited exception to this is allowed under Section 33 of Aadhaar Act, which permits use of or access to Aadhaar biometric data in cases involving national security only after pre-authorisation by oversight committee headed by Cabinet Secretary.
  • This is also consistent stand taken by Union Government in ongoing Aadhaar case in the Supreme Court.
  • Based on this legal stance, UIDAI has never shared any biometric data with any crime investigating agency.

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