Not much on privacy safeguards in UID draft bill

Body will be renamed National Identification Authority of India (NIDAI), will circumvent privacy laws if retained in current form

samirsachdeva

Samir Sachdeva | June 30, 2010



The Unique Identification Authority of India (UIDAI) will soon be styled the National Identification Authority of India (NIDAI) - that is as soon as the UID Bill is passed by the Parliament.

The Bill, if passed in the current form, would however do precious little to safeguard privacy. The NIDAI may not directly give out personal information of those registered for the identification numbers, but would confirm such details if asked.

The section 5(2) of the proposed bill provides for the NIDAI confirming or refuting such data in response to queries. The Section 33 of the draft bill, however, empowers the authority to disclose the personal data on an order of a court or in case of national security on directions of an officer not below the rank of joint secretary.

This provision appears to be a watering down of spirit of the Supreme Court judgment in Peoples' Union for Civil Liberties (PUCL) vs Union of India, the privacy laws under the IT and Telgraph Acts - all three of which state that such orders can be passed only by the union or state home secretary. Further provisions have also evolved consequent to the Supreme  Court judgment and the proposed privacy provisions in the NIDAI Bill do not match up to the same.  There is also no mention of the penalties if an authorised person by NIDAI makes unauthorised use of the UID data.

The draft Bill also has no provision defining recruitment details of NIDAI employees apart from the chairman, members and the CEO. It is important that the authority must recruit individuals in its rolls rather than have a temporary staff available on deputation or outsourced from private agencies

It, however, has clauses for penalising various offences like giving wrong information, impersonation, disclosing identity information , tampering with Central Identities Data Repository (CIDR)  or manipulating information.  These invite a fine of upto Rs 10,000 or a two-year prison sentence. The fine can go upto Rs 1 Cr for unauthorized access to CIDR.  The bill also makes the directors, managers, secretaries of companies liable in case of offences by the company. The penalties / punishments under the Act are also applicable to offences committed from outside India, irrespective of nationality.

The Bill also prohibits provision of data pertaining to race, religion, caste, tribe, ethnicity, language, income or health.

Comments

 

Other News

El Niño threatens India’s Rabi crops

India’s southwest monsoon ended with a 13% rainfall deficit in 2026, its weakest performance in a decade, raising concerns over agricultural production, water security and the upcoming rabi season. With El Niño expected to persist into early 2027, experts warn that declining soil moisture, dep

Regulating the data advantage: India’s new e-Commerce framework

For over a decade, India’s e-commerce story has rested on a simple premise: platforms connect buyers and sellers, while data fuels efficiency, personalisation, and scale. However, as the market matured, its structure has revealed a growing imbalance. E-commerce platforms, especially marketplace ent

Changing weather patterns, climate change responsible for Nepal floods

The interaction between active Western Disturbances, increased atmospheric moisture and the region’s complex topography aswell as global warming are important factors behind intense rainfall in the Himalayas, leading to flash floods in Nepal, according to meteorologists. Nepal

A right she cannot reach

Last summer, the two of us spent several weeks in rural Madhya Pradesh with a non-profit that works on gender justice through women’s self-help groups. We went in with a notebook full of laws. The Protection of Women from Domestic Violence Act. The Dowry Prohibition Act. Free legal aid for every wo

Tier-2 cities lead India’s digital credit push

Digital payments have become a reflex for urban India, but the confidence earned in paying has not yet carried over to borrowing. That is the central finding of `How Urban India Pays Report 2026`, released by Pahlé India Foundation in collaboration with Amazon Pay. Based on a survey of 5,149 consu

India calls for doubling bilateral trade with UK by 2030

Commerce and industry minister Piyush Goyal has called upon businesses in India and the United Kingdom to translate the opportunities created by the India-UK Comprehensive Economic and Trade Agreement (CETA) into expanded trade, investment, partnerships and job creation. Addressing the Bu

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter