The Delhi High Court held that in exceptional circumstances, the Unique Identification Authority of India (UIDAI) can be directed to disclose the Aadhaar information of a person to Court without granting him/her a prior hearing.
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NEW DELHI: The Delhi High Court determined that under exceptional circumstances, the Unique Identification Authority of India (UIDAI) can be directed to disclose an individual’s Aadhaar information to the Court without providing a prior hearing to the person concerned.
A Division Bench comprising Justices Prathiba M Singh and Amit Sharma stated that such sensitive data should be submitted to the Court in a sealed cover.
The Court acknowledged that the Supreme Court’s judgement in KS Puttuswamy establishes that Aadhaar information is private and personal, requiring confidentiality and secrecy. However, the Court highlighted that there are specific exceptions to this rule.
A noteworthy exception mentioned was a Habeas Corpus petition filed by a daughter seeking the production of her missing mother. The Court explained,
“In terms of the decision in KS Puttuswamy, it is a settled proposition that the data provided to the UIDAI while making an Aadhaar card is private and personal information of an individual. The same needs to be maintained with confidentiality and secrecy should be ensured by the UIDAI. Under normal circumstances, the data given by any individual for preparing an Aadhaar card would be the personal data of the said individual and would be governed by the law of privacy. However, sometimes there are exceptions to this i.e., for example as in the present petition where the daughter is seeking a writ of habeas corpus for production of her mother.”
This observation came while the Court was handling a Habeas Corpus petition by a woman named Vandana, who sought directions to the Delhi Police to locate her mother, missing since May 2019. It was revealed that despite the woman being missing for over five years, her Aadhaar data had been recently updated, reflecting her latest address and mobile number.
Delhi Police presented a status report to the Court, indicating they had not yet traced the petitioner’s mother. The Bench emphasized that the updated Aadhaar details were currently the only lead, and hearing from the Aadhaar holder was impossible as she was missing.
The Court noted,
“The mother of the petitioner is currently not traceable despite repeated efforts made by the Delhi Police. The daughter has information that recently the Aadhaar card of the mother has been updated. Under such circumstances, in a habeas corpus writ petition when the Aadhaar Card of the missing person may have been updated, the Court dealing with such a petition would not be able to hear the person concerned who is the holder of Aadhaar Card and is missing.”
Considering the urgency and potential danger to the missing person, the Bench ruled that the UIDAI could be directed to disclose the Aadhaar data to the Court without a prior hearing. The Court asserted,
“In addition, considering the urgency of the matter, and in order to safeguard the safety and security of an individual, UIDAI can also be directed by the High Court dealing with the Habeas Corpus petition, in exceptional cases such as the present one, to disclose the data to the Court in a sealed cover, even without being afforded a prior hearing. In a habeas corpus, there is a sense of urgency, with which the Court has to act as the missing person could be in danger. Under such circumstances, the UIDAI can be directed to provide the data forthwith.”
Consequently, the updated address and mobile number were handed over to the Police, who were instructed to conduct an investigation and file a fresh status report based on these details. The Court added,
“If there is any updating or editing of information with regard to the Aadhaar card of the mother of the Petitioner by the next date of hearing, the same shall also be provided in a sealed cover to the Court, by the UIDAI, on the next date of hearing.”
The Bench also cautioned the police to maintain the confidentiality of the provided data and ordered the High Court registry to secure it in a sealed cover.
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