File No. 10(36)/2015-EG-II(Part-IV)
Government of India
Department of Electronics & Information Technology
(E-Governance Division)
Electronics Niketan
6, CGO Complex
New Delhi-110003
Dated: 01 Dec 2015
OFFICE MEMORANDUM
Sub: Guidance on the interim orders of the Hon’ble Supreme Court dated 11.08.2015 and 15.10.2015 in WP. 494 of 2012 and other related matters.
I am directed to refer to the orders of the Hon’ble Supreme Court dated
11/08/2015 and 15/1or2015 in WP. 494 of 2012. UIDAI had sought the
advice and opinion of the Attorney General (AG) on the usage of Aadhaar
by CentrallState Governments. The advice} clarification received from
Attorney General is as under:-
Query
a) Whether in light of the above interim orders, a resident can use his
own Aadhaar voluntarily for the purpose for the purpose of his
identification and authentication and if so, whether the authorities can
accept the said Aadhaar as the resident's proof of identity. For
example, if a person uses his Aadhaar card as proof of identity in an
airport or to authenticate his identity as part of a government
application, can the airport authorities/relevant government authorities
accept Aadhaar as the person's proof of identity or ask him to produce
some other ID.
Response of AG
Yes, Voluntary use for purposes of identification by an Aadhar
cardholder, say at the airport, is valid and it not necessary to ask for
production of some other ID.
Query
b) Whether, in light of the fact that the Hon’bie Supreme Court has
allowed use of Aadhaar in the Prime Minister‘s Jan Dhan Yojna (PMJDY)
Scheme. an umbrella scheme, which prescribes for channelling all
Government benefits through beneficiaries' Jan Dhan Accounts, can the
Government implement Direct Benefit Transfer schemes of Government of
India it they are channelled through PMJDY accounts.
Response of AG
Channelizing Govt. benefits is DBT Schemes through PMJDY would be in line with the order of the Supreme Court dt. 15.10.2015.
Query
c) For implementation of the welfare programmes, various government
agencies and departments have requested UlDAl for biometric information
of the individuals who had given their consent for sharing their data at
the time of Aadhaar enrolment or subsequently. In light of the interim
orders stated above, whether biometrics of such individuals can be
shared with the requesting entities.
Response of AG
No. Sharing of biometric data is prohibited.
Query
d) Various government agencies/departments have requested for access to
the Aadhaar database to locate the details of the person whose Aadhaar
number is not known by matching the demographic details. In light of the
above-mentioned interim orders, whether enabling access to the Aadhaar
database, in such cases, would be permissible.
Response of AG
No. There is a complete prohibition.
Query
e) Whether, Government departments and agencies can continue seeding Aadhaar on voluntary basis into their beneficiary database.
Response of AG
Yes, please refer to answer (a).
This issues with the approval of Secretary DeitY.
(Archana Dureja)
Scientist ‘F'/Director
Tel. No. 24362528
To,
Secretaries of all GOI Ministries/Departments
Chief Secretaries of all States
***
Forwarding letter by EPFO:-
Employees' Provident Fund Organisation
(Ministry of Labour, Govt. or India)
Head Office
Bhavishya Nidhi Bhawan, 14- Bhikaji Cama Place, New Delhi - 110066
No.Coord/40(21)2010/Misc./21781
Dated: 18.01.2016/21.01.2016
To
All Addl. C.P.F.Cs (Zones),
All Regional P.F .Commissioners,
In-charge of Regions/Sub-Regional Offices.
Sub: Guidance on the interim orders of the Hon’ble Supreme Court
dated 11.08.2015 and 15.10.2015 in W.P. 494 of 2012 and other related
matters - Regarding.
Sir,
Please find enclosed herewith a copy of Office Memorandum File No.
10(36)/2015-EG-II (Part-IV) dated 01.12.2015 received from E-Governance
Division, Department of Electronics Information Technology (Deity) on
the above cited subject , which is self -explanatory
2. The advice and opinion is given to ULDAI on the usage of Aadhar by
Central /State Governments in the said Office Memorandum by the Attorney
General.
3. The copy of the said Office Memorandum dated 01.12.2015 is forwarded
herewith for in Formation and necessary action accordingly.
Yours faithfully,
End: As above.
(Jagmohan)
Addl. Central PF Commissioner-I (Coord.)
***
Source: www.epfindia.com
[http://www.epfindia.com/site_docs/PDFs/Circulars/Y2015-2016/Coord_OrderSC_494(2012)_21781.pdf]
