THE AADHAAR (SHARING OF INFORMA TION) REGULA TIONS, 20161

regulations · 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 INFORMA TION) REGULA TIONS, 20161 [Updated as on 15.2.2024] In exercise of the powers conferred by sub-section (1), and sub-clause (0) of sub- section (2), of Section 54 read with sub-clause (k) of sub-section (2) of Section 23, and sub- sections (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 L. 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. 2. Definitions: (1) In these regulations, unless the context otherwise requires, Act" means the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act; 2016; Aadhaar Letter' means a document for conveying the Aadhaar number to a resident; Aadhaar number holder ' means an individual who has been issued an Aadhaar number under the Act; Authority' means the Unique Identification Authority of India established under sub- section (1) of section 1l; 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 O other regulations, as the case may be. CHAPTER II RESTRICTIONS ON SHARING OF IDENTIT

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2 · Definitions: (1) In these regulations, unless the context otherwise requires,

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:

2 · The demographic information and photograph of an individual collected by the Authority under the Act may be shared by the Authority with a requesting entity in response to an authentication request for e-KYC data pertaining to such individual, upon the requesting entity obtaining consent from the Aadhaar number holder for the authentication process, in accordance with the provisions of the Act and [the Aadhaar (Authentication and Offline Verification) Regulations, 2021]. (3) The Authority shall share authentication records of the Aadhaar number holder with him in accordance with regulation 28 of [the Aadhaar (Authentication and Offline Verification) Regulations, 2021]. The Authority may share demographic information and photograph; and the authentication records of an Aadhaar number holder when required to do so in accordance with Section 33 of the Act:

2 · The identity information available with a requesting entity: (a) shall not be used by the requesting entity for any purpose other than that specified to the Aadhaar number holder at the time of submitting identity information for authentication; and

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:

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 O 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.

10 · Savings. AlL procedures, orders, processes, standards and policies issued and MOUs, agreements O contracts entered by the Unique Identification Authority of India, established vide notification of the Government of India in the Planning Commission numberA - 43011/02/2009-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