– Attorney General Mukul Rohatgi
- For starters, the newly inserted section in the IT act makes it compulsory to link Aadhaar numbers with PAN cards, in applying for PAN, and in filing of income tax returns. This is in stark contrast to the voluntary nature of acquiring an Aadhaar card, as enshrined in the Aadhaar (Targeted Delivery Of Financial Aid And Other Subsidies, Benefits & Services) Act 2016.
- The move is in direct conflict with the Supreme Court order stating that it cannot be made mandatory to avail welfare schemes.
- Biometric data according to the IT Act and Rules is defined as “the technologies that measure and analyse human body characteristics, such as ‘fingerprints’, ‘eye retinas and irises’, ‘hand measurements’ “facial patterns’, ‘voice patterns’, and ‘DNA’ for authentication purposes”
- Private enterprises known as enrollment agencies will collect and store the biometric data required by Aadhaar until handed over to the UIDAI Central ID Repository (CIDR) [currently managed on a 7 year contract by HCL Infosystems].
- Government departments/ministries known as registrars in each state engage with these enrollment agencies on a contractual basis.
- The Aadhaar Act and Rules don’t specify the limit to which the enrollment agencies can collect data. There is no limit on the seeding of such data (usage) by third parties if they have not obtained it via UIDAI.