Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
omitted/deactivated.
(b) This has been included through the enrolment form where resident undertakes and signs the
disclosure:
Disclosure under Section 3(2) of the Aadhaar (Targeted Delivery of Financial And
Other Subsidies, Benefits and Services) Act, 2016 I confirm that I have been residing
in India for at least 182 days in the preceding 12 months & information (including
biometrics) provided by me to the UIDAI is my own and is true, correct and accurate.
I am aware that my information (including biometrics) will be used for generation of
Aadhaar and authentication. I understand that my identity information (except core
biometric) may be provided to an agency only with my consent during authentication
or as per the provisions of the Aadhaar Act. I have a right to access my identity
information (except core biometrics) following the procedure laid down by UIDAI.
(c) Aadhaar is issued to the resident of India and the word resident is defined in
Section 2(v) of the Aadhaar Act. Aadhaar numbers may be issued to foreign nationals
who are resident in India. Section 2(v) reads as under:
resident means an individual who has resided in India for a period or periods
amounting in all to one hundred and eighty-two days or more in the twelve months
immediately preceding the date of application for enrolment; A foreign national
fulfilling the above criteria is eligible for Aadhaar, provided he submits the acceptable
POI/POA document as per the UIDAI valid list of documents.
(d) As per the Aadhaar Act, an Aadhaar number is issued to a resident who has been
residing in India for at least 182 days in the preceding 12 months. An Aadhaar
number is issued to an individual for life and may be omitted/deactivated in case of
violation of prescribed guidelines only. Ineligibility of a person to retain an Aadhaar
number owing to become non-resident may be treated as a ground for deactivation of
Aadhaar number and Regulation 28(l)(f) of the Aadhaar Enrolment Regulations. This
is in keeping with Section 31(1) and (3) of the Aadhaar Act wherein it is an obligation
on an Aadhaar number holder to inform the UIDAI of changes in demographic
information and for the Authority to make the necessary alteration.
(8) Please confirm the Points Of Service (POS) biometric readers are capable of
storing biometric information.
Ans.: UIDAI has mandated use of Registered Devices (RD) for all authentication
requests. With RDs, biometric data is signed within the device/RD service using the
provider key to ensure it is indeed captured live. The device provider RD service
encrypts the PID block before returning to the host application. This RD service
encapsulates the biometric capture, signing and encryption of biometrics all within it.
Therefore, introduction of RD in Aadhaar authentication system rules out any
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