Clarifications on issues relating to sharing of Aadhaar
Clarifications on issues relating to sharing of Aadhaar and related data amongst government departments
DIPR: Ministry of Electronics and Information Technology has issued an Office Memorandum stating that in order to leverage Aadhaar i.e. the Unique Identity as a tool of good governance to promote ease of living of residents and enable better access to services for them and facilitate a smooth, seamless, efficient, transparent, and error-free targeted delivery of benefits, services and subsidies to residents, several references were received from various Government entities to clarify on the possibilities and modalities of sharing of Aadhaar related data amongst various Government entities. Accordingly, OMs dated 27.10.2021, 06.12.2021, and 10.12.2021 have been issued by UIDAI providing necessary clarifications in this regard.
Though these OMs have addressed broader issues related to sharing of Aadhaar related data between various Central/ State Government entities UIDAI has been receiving references seeking further clarifications on specific issues pertaining to the enquiring departments which have since been duly provided to the concerned departments from time to time. It has been felt that the clarifications would be equally relevant to other departments. Therefore, the queries and clarifications thereto have been compiled and given in the table below for the convenience of user government departments:
Query: Vide UIDAI OM dated 27.10.2021, it has been clarified that different Ministries and Departments of the Government of India, can be treated as a single entity, i.e. the “Central Government” for effective formulation of various government schemes and selection of beneficiaries. Can different departments of State Government be treated as a single entity on similar lines?
Clarification: As per the provisions of Article 166(3) of the Constitution of India, different departments of a State Government can be treated as a single entity, i.e. the “State Government” for effective formulation of various government schemes and selection of beneficiaries. However, a separate consent of the beneficiary must be taken by the implementing State Government department at the time of final delivery of subsidy, benefit, and service. Further, attention is invited to Para 5 of the UIDAI OM dated 27.10.2021 which shall apply to various departments of a particular State Government also.
Query: Whether Aadhaar and related data pertaining to schemes/ purposes notified under section 4(4)(b)(ii) of the Aadhaar Act read with the Aadhaar Authentication for Good Governance (Social Welfare, Innovation, Knowledge) Rules, 2020 can be shared by Central or State Government departments, as the case may be, amongst themselves and also between Central Government and State Governments
Clarification: Aadhaar and related data can be shared amongst different departments of the Central Government, or State Government, as the case may be, considering that these are to be treated as a single entity.
Further, demographic information (name, date of birth, gender & address of residence) and photograph of beneficiaries, along with partially masked Aadhaar can be shared between Centre and State Governments and States inter-se. However, in case the consent as per Annexure to OM dated 06.12.2021 has been taken, the full Aadhaar number can be shared between Centre and State or States inter-se.
