Fingerprint data of the dead will not be shared, says UIDAI

The Unique Identification Authority of India (UIDAI) and its policies on data sharing, particularly concerning the fingerprints of deceased individuals.

Key Themes:

• Restrictions on Data Sharing: The UIDAI operates under severe legal restrictions regarding the sharing of information, particularly biometric data.
• Technological Constraints: There are technological limitations in extracting specific information, such as identifying a deceased person using fingerprints from the Aadhaar database.
• Purpose of Aadhaar: The primary objective of the Aadhaar system is to provide unique identity and facilitate targeted delivery of government subsidies, benefits, and services.
• Confidentiality of Information: The Aadhaar Act mandates strict confidentiality of individual records.
• Specific Prohibition on Biometric Data Sharing: Core biometric information is explicitly prohibited from being shared for any reason other than Aadhaar generation and authentication.

Most Important Ideas/Facts:

• UIDAI will not share fingerprint data of the dead with the police. This is a direct statement from the UIDAI to the Madras High Court in response to a request from the State of Tamil Nadu.
• Technological limitations prevent the culling of information about the dead using fingerprints. The UIDAI explicitly states there are "technological constraints in culling out information about the dead using fingerprints."
• The Aadhaar Act, 2016 (as amended in 2019) imposes severe restrictions on sharing information. The Act is the legal basis for the UIDAI's limitations on data sharing.
• Core biometric information cannot be shared for any reason other than Aadhaar generation and authentication. Section 29(1) of the Act is cited as categorically stating this prohibition. The source quotes, "Section 29(1) of the Act categorically states that no core biometric information, collected or created under the Act, should be shared with anyone for any reason whatsoever; or used for any purpose other than generation of Aadhaar numbers and authentication under the Act."
• Aadhaar is not used to track other activities of the resident. A counter-affidavit signed by a UIDAI Deputy Director asserts that "Aadhaar number is not used to track other activities of the resident".
• The primary object of the Aadhaar Act is targeted delivery of government subsidies, benefits, and services. This highlights the intended purpose of the Aadhaar system.

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• Context and Implications:

• The sources highlight a specific legal and technical barrier to using the Aadhaar database for identifying deceased individuals based on their fingerprints. The UIDAI is emphasizing its adherence to the strict confidentiality and data sharing restrictions mandated by the Aadhaar Act. This position has implications for law enforcement agencies seeking to utilize the Aadhaar database for identification purposes in certain scenarios. The focus remains on the original objectives of the Act, which are primarily related to identity verification for the purpose of accessing government benefits and services.

1. Consider the following statements:

1. The UIDAI can share the fingerprint data of deceased individuals for police investigations if court-directed.

2. Section 29(1) of the Aadhaar Act prohibits sharing of core biometric information for any purpose other than Aadhaar generation and authentication.

3. The UIDAI functions under the Ministry of Home Affairs.

Which of the above statements is/are correct?

A. 1 and 2 only
B. 2 only
C. 1 and 3 only
D. 2 and 3 only

Answer: B. 2 only

Explanation:

• Statement 1 is incorrect: UIDAI has stated that it cannot share fingerprint data of the deceased, even for police purposes, due to technological constraints and legal restrictions.

• Statement 2 is correct: Section 29(1) of the Aadhaar Act strictly prohibits sharing of core biometric data like fingerprints for any purpose other than Aadhaar generation or authentication.

• Statement 3 is incorrect: UIDAI functions under the Ministry of Electronics and Information Technology (MEITY), not the Ministry of Home Affairs.

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2. Which of the following is the primary objective of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016?

A. To create a national criminal database using biometric data
B. To assist law enforcement agencies with biometric identification of unknown bodies
C. To empower residents with a unique identity for targeted delivery of government services
D. To provide access to national voting and citizenship records

Answer: C. To empower residents with a unique identity for targeted delivery of government services

Explanation:
The main purpose of the Aadhaar Act is to enable efficient and targeted delivery of subsidies, benefits, and services to Indian residents by assigning them a unique identity number (Aadhaar). It is not designed for criminal investigation or voter verification.

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3. With reference to UIDAI and the Aadhaar Act, consider the following:

1. The UIDAI is a statutory authority.

2. UIDAI can authenticate biometric data to provide demographic details to law enforcement.

3. The Aadhaar Act of 2016 was amended in 2019.

Which of the above statements is/are correct?

A. 1 and 2 only
B. 1 and 3 only
C. 2 and 3 only
D. 1, 2, and 3

Answer: B. 1 and 3 only

Explanation:

• Statement 1 is correct: UIDAI is a statutory authority established under the Aadhaar Act, 2016.

• Statement 2 is incorrect: UIDAI cannot provide biometric-based demographic information for police or law enforcement due to legal and technological restrictions.

• Statement 3 is correct: The Aadhaar Act was amended in 2019 to update several provisions.                                                                

  4. In the context of the Aadhaar Act, 2016, what does “core biometric information” include?

  A. Name and address
  B. Mobile number and photograph
  C. Fingerprints and iris scan
  D. Date of birth and gender

  Answer: C. Fingerprints and iris scan

  Explanation:
  According to the Aadhaar Act, core biometric information refers to fingerprints, iris scans, and any other biometric data specified by regulations. It excludes demographic details like name, address, and mobile number.

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  5. The Aadhaar Act, 2016 provides for which of the following regarding individual data protection?

  A. Data may be freely accessed by government agencies for national security.
  B. Core biometric data can be shared if it serves public interest.
  C. Core biometric data shall not be shared with anyone for any reason whatsoever.
  D. UIDAI may sell data to private companies with user consent.

  Answer: C. Core biometric data shall not be shared with anyone for any reason whatsoever

  Explanation:
  Section 29(1) of the Aadhaar Act strictly states that core biometric data shall not be shared with anyone for any reason. It also cannot be used for purposes other than generation and authentication of Aadhaar.

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  6. Which of the following best describes the UIDAI's legal stance regarding fingerprint matching of a deceased person with its Aadhaar database?

  A. Allowed under emergency provisions
  B. Permitted with a court order
  C. Prohibited due to legal and technological constraints
  D. Allowed for national security purposes only

  Answer: C. Prohibited due to legal and technological constraints

  Explanation:
  The UIDAI clarified to the Madras High Court that it is not technologically feasible to retrieve demographic data of the dead via fingerprints, and the Aadhaar Act prohibits such data sharing regardless of the situation.

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  7. Which of the following legal principles was highlighted by UIDAI in its affidavit to the Madras High Court?

  A. Right to speedy trial
  B. Protection against self-incrimination
  C. Confidentiality of biometric data
  D. Freedom of information

  Answer: C. Confidentiality of biometric data

  Explanation:
  UIDAI emphasized strict confidentiality, as required under Chapter VI of the Aadhaar Act. They cited Section 29(1), which prohibits sharing or using core biometric data for any purpose other than those specified under the Act.

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  8. Which of the following statements about UIDAI is/are correct?

  1. UIDAI is responsible for issuing Aadhaar numbers after collecting biometric and demographic data.

  2. It works under the administrative control of the Ministry of Electronics and Information Technology.

  3. It is empowered to use Aadhaar data for law enforcement investigations.

  Select the correct answer using the code below:

  A. 1 and 2 only
  B. 2 and 3 only
  C. 1 and 3 only
  D. 1, 2, and 3

  Answer: A. 1 and 2 only

  Explanation:

  • Statement 1 is correct: UIDAI collects biometric and demographic data to issue a 12-digit Aadhaar number.

  • Statement 2 is correct: UIDAI operates under the Ministry of Electronics and IT.

  • Statement 3 is incorrect: UIDAI cannot use Aadhaar data for law enforcement, due to legal prohibitions and data confidentiality laws.