THE AADHAAR (SHARING OF INFORMATION) REGULATIONS, 2016 1

dbbd28574ca8213bd0d4981ed8140c9ef9b8b07b · 2016 · State unknown

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Parent: THE AADHAAR (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES, BENEFITS AND SERVICES) ACT, 2016 (e5452e76268985edd128a049b6e27a9ff6b4f2fb)

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THE AADHAAR (SHARING OF INFORMATION) REGULATIONS, 2016 1 [Updated as on 15. 5. 2.2024] In exercise of the powers conferred by sub-section (1), and sub-clause (o) of subsection (2), of Section 54 read with sub-clause (k) of sub-section (2) of Section 23, and subsections (2) and (4) of Section 29, of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, the Unique Identification Authority of India hereby makes the following regulations, namely:— CHAPTER I PRELIMINARY 1. Short title and commencement. — (1) These regulations may be called the Aadhaar (Sharing of Information) Regulations, 2016. (2) These regulations shall come into force on the date of their publication in the Official Gazette. Definitions. — (1) In these regulations, unless the context otherwise requires,- (a) " Act " means the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016; (b) " Aadhaar Letter " means a document for conveying the Aadhaar number to a resident; (c) " Aadhaar number holder " means an individual who has been issued an Aadhaar number under the Act; (d) " Authority " means the Unique Identification Authority of India established under subsection (1) of section 11; (e) " requesting entity " means an agency or person that submits the Aadhaar number, and demographic information or biometric information, of an individual to the Central Identities Data Repository for authentication; 2 [(f) "section" means a section of the Act.] (2) All other words and expressions used in these regulations but not defined, and defined in the Act and the rules and other regulations made there under, shall have the meanings respectively assigned to them in the Act or the rules or other regulations, as the case may be. CHAPTER II

Rule TOC

1 · Short title and commencement. — (1) These regulations may be called the Aadhaar (Sharing of Information) Regulations, 2016.

2 · [(f) "section" means a section of the Act.]

3 · Sharing of information by the Authority.—(1) Core biometric information collected by the Authority under the Act shall not be shared with anyone for any reason whatsoever.

1 · Published in the Gazette of India, Extraordinary, Part III, Section 4 dated 14.9.2016, vide notification No. 13012/64/2016/Legal/UIDAI (No. 5 of 2016) dated 12.9.2016 and vide notification No. HQ-13073/1/2024AUTH -II -HQ/C-13751(E), dated 25.1.2024 (w.e.f. 27.1.2024) .

2 · Inserted, vide notification No. HQ-13073/1/2024-AUTH-II-HQ/C-13751(E) , 25.1.2024 (w.e.f. 27.1.2024).

5 · [(5) The Authority may, y, for omitting or deactivating an Aadhaar number and information relating thereto , pursuant to an inquiry as referred to in sub-regulation (1) of regulation 29 of the Aadhaar (Enrolment and Update) Regulations, 2016, give access to or use or disclose information of the Aadhaar number holder, in its possession or control, including information stored in the CIDR, in accordance with sub -regulation (1A) of regulation 29 of the said regulations.]

4 · Sharing of information by a requesting entity.—(1) Core biometric information collected or captured by a requesting entity from the Aadhaar number holder at the time of authentication shall not be stored except for buffered authentication as specified in 6 [the Aadhaar (Authentication and Offline Verification) Regulations, 2021], and shall not be shared with anyone for any reason whatsoever.

3 · Subs. , vide notification No. HQ-13073/1/2024-AUTH-II-HQ/C-13751(E) , dated 25.1.2024 (w.e.f. 27.1.2024).

4 · Subs. , vide notification No. HQ-13073/1/2024-AUTH-II-HQ/C-13751(E) , dated 25.1.2024 (w.e.f. 27.1.2024)

5 · Ins . , vide notification No. HQ-13073/1/2024-AUTH-II-HQ/C-13751(E) , dated 25.1.2024 (w.e.f. 27.1.2024).

6 · Subs. , vide notification No. HQ-13073/1/2024-AUTH-II-HQ/C-13751(E) , dated 25.1.2024 (w.e.f. 27.1.2024).

7 · Subs. , vide notification No. HQ-13073/1/2024-AUTH-II-HQ/C-13751(E) , dated 25.1.2024 (w.e.f. 27.1.2024).

5 · Responsibility of any agency or entity other than requesting entity with respect to Aadhaar number. — (1) Any individual, agency or entity which collects Aadhaar number or any document containing the Aadhaar number, shall:

6 · Restrictions on sharing, circulating or publishing of Aadhaar number.—(1) The Aadhaar number of an individual shall not be published, displayed or posted publicly by any person or entity or agency.

7 · Liability for contravention of the regulations.—Without prejudice to any action that may be taken under the Act, any contravention of regulations 3, 4, 5 and 6 of these regulations shall constitute a violation of sub-section (2) of Section 29 of the Act.

8 · Redressal of grievances of Aadhaar number holders.—In the event the identity information of an Aadhaar number holder has been shared or published in a manner contrary to the provisions of the Act or regulations, the Aadhaar number holder may raise queries and grievances in accordance with the regulation 32 of the Aadhaar (Enrolment and Update) Regulations, 2016.

9 · Information dissemination about sharing of Aadhaar numbers.—The Authority may take necessary measures to educate Aadhaar number holders about the uses of Aadhaar numbers and implications associated with its sharing.

10 · Savings.— All procedures, orders, processes, standards and policies issued and MOUs, agreements or contracts entered by the Unique Identification Authority of India, established vide notification of the Government of India in the Planning Commission numberA43011/02/2009 -Admin. I, dated the 28th January, 2009 or any officer of such authority, prior to the establishment of the Authority under the Act shall continue to be in force to the extent that they are not inconsistent with the provisions of the Act and regulations framed thereunder.

11 · Power to issue clarifications and guidelines.—In order to remove any difficulties or clarify any matter pertaining to application or interpretation of these regulations, the Authority may issue clarifications and guidelines in the form of circulars.

8 · [12. Doing of act or thing related to delegated power or function.—(1) Any act or thing that is to be or may be done by the Authority under these regulations may also be done by any Member or officer of the Authority or any other person to whom the Authority has delegated the related power or function by general or special order in writing, under section 51 of the Act.

8 · Ins . , vide notification No. HQ-13073/1/2024-AUTH-II-HQ/C-13751(E), dated 25.1.2024 (w.e.f. 27.1.2024).