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The Aadhaar Act, which entitles residents of India to obtain a unique 12-digit identification number, has been a subject of controversy due to privacy concerns. The linking of Aadhaar cards to bank accounts, UPI applications, and other services has raised questions about the right to privacy of a citizen. The Supreme Court has ruled that the Aadhaar metadata cannot be stored for more than six months and has read down Section 2(d) of the Aadhaar Act to prevent government authorities from storing Aadhaar metadata. The court also emphasized the need for a robust data protection law.
Biometric data, which is unique and intimately connected to an individual, is a significant concern in the context of privacy and data protection. The Supreme Court has held that informational privacy is an essential aspect of the fundamental right to privacy, and any restriction on privacy must be subjected to a three-fold test of legality, legitimate state aim, and proportionality. The Aadhaar Act and the regulations framed thereunder are silent on the question of informed consent, which is a concern for privacy advocates.
The Indian Supreme Court’s Aadhaar judgment, delivered in 2018, upheld the constitutional validity of the Aadhaar project after some minor tweaks and suggestions. The court recognized the importance of welfare activities and the right to dignity, but also emphasized the need to protect the right to privacy. The court created a separate class of privacy rights for the beneficiaries of welfare schemes, which it considered to be an inferior right to privacy.
In conclusion, while the Aadhaar project aims to ensure targeted delivery of benefits, services, and subsidies by the government through digital identification, it also raises significant privacy concerns. The Supreme Court has recognized the need to balance the benefits of Aadhaar with the privacy concerns it raises, and has emphasized the need for a robust data protection law.