- The National Identification Authority of India (NIAI) will issue identification number (called "Aadhaar" number) to residents of India and any other category of people that may be specified. The NIAI shall have a chairperson and two part-time members.
Aadhaar Numbers
- Every resident of India (regardless of citizenship) shall be entitled to obtain an Aadhaar number after furnishing demographic and biometric information. Demographic information shall include items such as name, age, gender and address. Biometric information shall include some biological attributes of the individual. Collection of information pertaining to race, religion, caste, language, income or health is specifically prohibited.
- The Aadhaar number shall be issued after the information provided by the person is verified. It shall serve as proof of identity, subject to authentication. However, it should not be construed as proof of citizenship or domicile. The Aadhaar number holder may be required to update his biometric and demographic information.
- The Aadhaar number shall be a random number and shall not bear any information of the individual. An Aadhaar number issued to an individual shall not be re-assigned to any other person.
Process of Issuing and Authenticating Aadhaar Numbers
- There are three main steps in the process. First, information for each person shall be collected and verified after which an Aadhaar number shall be allotted. Second, the collected information shall be stored in a database called Central Identities Data Repository. Finally, this repository shall be used to provide authentication service.
- The NIAI shall appoint registrars and enrolling agencies to collect demographic and biometric information for the purpose of issuing Aadhaar numbers. Special measures shall be taken to issue Aadhaar numbers to certain group such as women, children, migrant workers and others without a permanent address.
- Service providers (such as banks, fair price shops etc.) may ask a customer to provide his Aadhaar number and biometrics as proof of identity. The service provider shall submit this information to NIAI through an electronic channel for online authentication. The NIAI, after varifying the correctness of the information provided, shall respond to the query with a positive or negative response but shall not divulge any demographic or biometric information.
- The NIAI shall establish a grievance redressal mechanism to redress grievances of residents, registrars, enrolling agencies and service providers.
Disclosure of information
- The NIAI shall be responsible for the security and confidentiality of information. It is required to take measures to protect information against loss or unauthorised access.
- The NIAI or any agency which maintains the Central Identity Data Repository is forbidden from revealing any information stored in the repository.
- There are four exceptions to this rule. First, an Aadhaar number holder may request the NIAI to provide access to his own identity information. He may also ask for information on authentication requests of his Aadhaar number. Second, the NIAI may share information of Aadhaar number holders, based on their written consent, with agencies engaged in delivery of public benefits and services. Third, the NIAI may reveal information in response to a court order. Finally, information may be revealed in the interest of national security, if directed by and authorised official of the rank of Joint Secretary or above in the central government.
Identity Review Committee
- The central government may constitute an Identity Review Committee to analyse the extent and pattern of usage of Aadhar numbers across the country. The Committee shall prepare a report annually and submit its recommendations to the central government. The report shall be laid before Parliament.
- The Committee shall consist of a Chairperson and two members who shall be appointed on the advice of the Prime Minister, a Union Cabinet Minister and the Leader of Opposition in the Lok Sabha.
Offences and Penalties
- The Bill lists several offences such as unauthorised collection of information, impersonation, manipulation of biometric information, and unauthorised access or damage to the Data Repository. Penalties vary from three years imprisonment and a fine of Rs. 10,000 (for impersonation) to a fine of Rs. 1 crore (for unauthorised access to the Data Repository). Penalties have also been prescribed for offences committed outside India.
- The Bill states that no court shall take cognizance of any offence except on a complaint made by the NIAI.
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