Aadhaar not mandatory for bank account, mobile connection: Key takeaways

The Supreme Court on Wednesday declared government's Aadhaar scheme as Constitutionally valid and also struck down Section 57 of Aadhaar Act permitting private entities to avail Aadhaar data. "Robust data protection regime has to be brought in place as early as possible," Justice Sikri said while reading out the majority judgement.

The court said that the Aadhaar authentication data cannot be stored for more than six months.

The apex court's five-judge Constitution bench said Aadhaar means unique and it is better to be unique than being best. The first of the three judgements was pronounced by Justice A K Sikri. Justice Sikri pronounced the judgement for himself, Chief Justice Dipak Misra and Justice A M Khanwilkar.

Here are the key takeaways:

1. Individuals and corporates cannot collect Aadhaar data

2. Government not to give Aadhaar to illegal immigrants

3. Aadhaar need not be made compulsory for school admissions

4. Linking Aadhaar to telecom services unconstitutional

5. No person can be denied govt benefits only due to absence of Aadhaar

6. No need to link bank accounts, mobile numbers to Aadhaar

7. Aadhaar card is mandatory for PAN linking, Income Tax return

8. Aadhaar can be passed as Money Bill

9. Nothing in Aadhaar Act that violates right to privacy of individual

10. No child can be denied benefits of any schemes on not being able to bring their Aadhaar number

11. CBSE, NEET, UGC cannot make Aadhaar mandatory, also not compulsory for school admissions

Report says you can get Aadhaar details for Rs 500; UIDAI denies breach

The Unique Identification Authority of India (UIDAI) has denied the media report published in The Tribune titled "Rs 500, 10 minutes, and you have access to billion Aadhaar details" and has said that it is a case of misreporting.

The UIDAI assured that there has not been any Aadhaar data breach. The Aadhaar data including biometric information is fully safe and secure.

In a statement issued on Thursday, the UIDAI said that UIDAI has given the said search facility for the purpose of grievance redressal to the designated personnel and state government officials to help residents only by entering their Aadhaar number/EID.

The UIDAI maintains complete log and traceability of the facility and any misuse can be traced and appropriate action taken.

The reported case appears to be an instance of misuse of the grievance redressal search facility. As UIDAI maintains a complete log and traceability of the facility, the legal action including lodging of FIR against the persons involved in the instant case is being done.

The UIDAI reiterates that the grievance redressal search facility gives only limited access to the name and other details and has no access to biometric details. UIDAI reassures that there has not been any data breach of the biometric database which remains fully safe and secure with the highest encryption at UIDAI and a mere display of demographic information cannot be misused without biometrics.

Further, the Aadhaar number is not a secret number. It is to be shared with authorized agencies whenever an Aadhaar holder wishes to avail certain service or benefit of government welfare scheme/s or other services. But that does not mean that the proper use of Aadhaar number poses a security or financial threat.

Supreme Court asks WhatsApp, Facebook to file affidavit on user data

A five-judge Constitution Bench of the Supreme Court on Wednesday directed social media service providers WhatsApp and Facebook to file an affidavit in four weeks stating what data they were gathering about millions of users and whether they were sharing it with any third-party entity.

The Bench, presided by Chief Justice Dipak Misra, issued the directive in view of the recent nine-judge bench judgment that upheld the right to privacy as a fundamental one.

The apex court also issued a notice to Google on a new petition alleging that the search engine had violated the right to privacy. The court stated that after receiving the affidavits, it would decide what order could be passed. The next date of hearing is November 28.

The central government told the court at the start of arguments that a committee headed by former SC judge B N Srikrishna was studying the implications of privacy rights in the social media and internet.

Additional Solicitor General Tushar Mehta asked the court to wait for its comprehensive report before passing any order. The issue of privacy in the electronic media, he argued, was complex and not judicially manageable.
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After SC verdict on privacy, 5-judge Bench to test Aadhaar validity

In a landmark judgment, the Supreme Court on Thursday upheld the Right to Privacy as "a fundamental right" under Article 21 of the Indian Constitution, in a unanimous decision.

However, the verdict does not comment on whether the government's demand for Aadhaar to be linked to all financial transactions amounts to an infringement of privacy.

"The court has not said anything about whether Aadhaar is invalid or not," lawyer Prashant Bhushan was quoted as saying by television channels. "Right to privacy being a fundamental right means a lot for Aadhaar. It will now be seen whether the restrictions imposed by Aadhaar are reasonable restrictions or not," he added.

With the nine-judge Bench ruling against the government stand on privacy,  Aadhaar case will be referred to a five-judge Bench. The Bench will hear several petitions challenging the validity of the Act.

The Congress party, which had launched Aadhaar when it was in power, welcomed the verdict. “Path-breaking and seminal judgment. A great victory for liberty and freedom... Supreme Court rejects Modi government’s attempt to whittle down the right to privacy,” party’s chief spokesperson Randeep Singh Surjewala tweeted.

Earlier, the Supreme Court had on August 2 reserved its judgment over the issue of whether right to privacy is fundamental or not.