The Parliament of India recently passed the Aadhaar and Other Laws (Amendment) Bill, 2019. This bill permits the voluntary use of Aadhaar as proof of identity. Adjustments to existing provisions mean that individuals now have the option to use their Aadhaar number to authenticate their identity. Further, any service that requires Aadhaar authentication can only be made mandatory through a law of Parliament.
Significant Points from the Bill
One notable change under this new amendment is the Unique Identification Authority of India’s (UIDAI) ability to initiate a complaint against an entity within the Aadhaar system for failure to comply with the Act or the UIDAI’s directives. The appointed Adjudicating Officers of the UIDAI will handle such issues and have the power to enforce penalties up to one crore rupees on violating entities.
The Telecom Disputes Settlement and Appellate Tribunal will serve as the appellate authority against decisions of the Adjudicating Officer.
About the Unique Identification Authority of India
Established on 12 July 2016 by the Government of India under the jurisdiction of the Ministry of Electronics and Information Technology, the Unique Identification Authority of India (UIDAI) follows the regulations laid out in the Aadhaar Act 2016. This statutory authority is tasked with assigning a 12-digit unique identification (UID) number, also known as Aadhaar, to all residents of India. Initially, the UIDAI was set up in January 2009 as an attached office under the Planning Commission.
| Date of Establishment | Authority | Tasks |
|---|---|---|
| 12 July 2016 | UIDAI | Assigning Aadhaar number to all residents of India |
Raising Questions and Responding to Concerns
Despite these amendments, opposition parties have raised questions about the government’s “intentions” for passing the bill without first implementing data protection laws. However, the government has responded by emphasizing the importance of data sovereignty, stating that it will not be compromised.
They also reassured stakeholders that legislation on data protection is a “work in progress,” with promises of a comprehensive law after further discussions with key parties. The government acknowledges the evolving role of India as a centre of data refinery. It assures that due precautions are being taken while drafting the data protection law, especially given that India is expected to take the lead on this issue on the global stage.