Why in the News?

The Unique Identification Authority of India (UIDAI) enforces strict regulations on data disclosure to safeguard individuals’ privacy and prevent misuse of personal information. Under normal circumstances, the police cannot access the demographic or biometric details stored in the Aadhaar database.

What are the legal limitations of using Aadhaar biometric data for forensic purposes?

• Stringent Privacy Protections: The Aadhaar Act mandates strict protection of personal data, especially biometrics.
  • Sections 29(1) and 33(1) prevent sharing of core biometric data (fingerprints and iris scans) with third parties, even law enforcement, barring limited situations.
• Court Order Requirement: Section 33(1) allows disclosure of certain demographic data upon the order of a High Court or above, but core biometrics are strictly protected and cannot be shared, creating limitations for police investigations involving unidentified bodies.
• Forensic Investigative Gaps: Police databases are often limited to individuals with criminal records, restricting the ability to identify deceased persons through fingerprints.
  • Without access to a comprehensive Aadhaar database, identification processes for unknown deceased individuals become more challenging and time-consuming.

How can the balance between privacy rights and forensic needs be achieved?

• Right to Privacy vs. Right to Dignity: Balancing the fundamental right to privacy with the right to a dignified life and death is essential, especially in cases where access to biometric data can help identify unknown bodies.
• Controlled Access Mechanisms: Limited, case-specific access, such as requiring a judicial magistrate’s order (rather than a High Court order), can allow law enforcement to use Aadhaar biometrics in cases involving unidentified bodies, reducing the burden on higher courts while preserving privacy safeguards.
• Transparent Oversight: Any mechanism permitting Aadhaar data usage for forensics should include robust oversight, including logging access and stringent penalties for misuse, ensuring that access is restricted to genuinely necessary cases.

What technological and procedural changes are necessary to facilitate the use of Aadhaar data in forensics?

• Advanced Identification Algorithms: Introducing algorithms similar to the U.S. Deceased Persons Identification (DPI) system would enable more accurate and efficient matching of deceased persons’ fingerprints with larger databases.
• Digitization of Police Records: Digitizing state-level fingerprint databases would allow faster cross-referencing and aid forensic investigations, creating a more accessible identification system even without Aadhaar.
• Secure Data Access Channels: Secure and encrypted channels specifically for forensic use, with limited access, could protect the data while allowing controlled use.
• Specific Legislative Frameworks: There should be new amendments that could clarify circumstances under which biometric data can be accessed for deceased individuals, distinguishing these cases from broader data privacy concerns.

Way forward: 

• Amend Legal Framework for Controlled Access: Need to introduce specific legislative amendments allowing limited, case-specific access to Aadhaar biometrics for forensic purposes in cases involving unidentified deceased individuals, with strict judicial oversight to maintain privacy protections.
• Establish Secure Access Protocols and Oversight: Need to implement secure, encrypted access channels and enforce strict oversight mechanisms, including access logging and penalties for misuse, ensuring biometric data is accessed only when absolutely necessary for forensic identification.

Mains PYQ:

Q Two parallel run schemes of the Government, viz the Adhar card and NPM, one of voluntary and the other as compulsory, have led to debates at national levels and also litigations. On merits , discuss whether or not both schemes need to run concurrently. Analyse the potential of the schemes to achieve development benefits and equitable growth (UPSC IAS/2014)

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