Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
(2) The demographic information and photograph of an individual collected by the Authority under
the Act may be shared by the Authority with a requesting entity in response to an authentication
request for e-KYC data pertaining to such individual, upon the requesting entity obtaining consent
from the Aadhaar number holder for the authentication process, in accordance with the provisions
of the Act and the Aadhaar (Authentication) Regulations, 2016.
(3) The Authority shall share authentication records of the Aadhaar number holder with him in
accordance with regulation 28 of the Aadhaar (Authentication) Regulations, 2016.
(4) The Authority may share demographic information and photograph, and the authentication
records of an Aadhaar number holder when required to do so in accordance with Section 33 of the
Act.
xx xx xx
6. Restrictions on sharing, circulating or publishing of Aadhaar number. (1) The Aadhaar number of
an individual shall not be published, displayed or posted publicly by any person or entity or agency.
(2) Any individual, entity or agency, which is in possession of Aadhaar number(s) of Aadhaar
number holders, shall ensure security and confidentiality of the Aadhaar numbers and of any record
or database containing the Aadhaar numbers.
(3) Without prejudice to sub-regulations (1) and (2), no entity, including a requesting entity, which
is in possession of the Aadhaar number of an Aadhaar number holder, shall make public any
database or record containing the Aadhaar numbers of individuals, unless the Aadhaar numbers
have been redacted or blacked out through appropriate means, both in print and electronic form. (4)
No entity, including a requesting entity, shall require an individual to transmit his Aadhaar number
over the Internet unless such transmission is secure and the Aadhaar number is transmitted in
encrypted form except where transmission is required for correction of errors or redressal of
grievances.
(5) No entity, including a requesting entity, shall retain Aadhaar numbers or any document or
database containing Aadhaar numbers for longer than is necessary for the purpose specified to the
Aadhaar number holder at the time of obtaining consent.
43) To sum up broadly, the Authority is established under the Act as a statutory body which is given
the task of developing the policy, procedure and system for issuing Aadhaar numbers to individuals
and also to perform authentication thereof as per the provisions of the Act. For the purpose of
enrolment and assigning Aadhaar numbers, enrolling agencies are recruited by the Authority. All
the residents in India are eligible to obtain an Aadhaar number. To enable a resident to get Aadhaar
number, he is required to submit demographic as well as biometric information i.e., apart from
giving information relating to name, date of birth and address, biometric information in the form of
photograph, fingerprint, iris scan is also to be provided. Aadhaar number given to a particular
person is treated as unique number as it cannot be reassigned to any other individual.
Indian Kanoon - http://indiankanoon.org/doc/127517806/
27