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Aadhaar Amendment: UIDAI role change, delete database to Rs 1 crore penalty; 10 points

ZeeBiz WebTeam | Dec 21, 2018, 02:46 PM IST

Aadhaar Amendment Act: The Union Cabinet led by Prime Minister Narendra Modi on Monday cleared amendments to Aadhaar Act in the wake of the Supreme Court order that made the 12-digit Unique ID non-mandatory for accessing services like opening bank account or buying a mobile SIM card. The proposed amendments will have to pass the test of Parliament before coming into effect. While this may take some time, here's a look at what the amendment proposes: 

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1. Aadhaar Amendment Act: Stronger UIDAI

1. Aadhaar Amendment Act: Stronger UIDAI

The proposed amendment will make UIDAI assume a regulatory role with enhanced power to take enforcement actions on misuse of the national biometric ID and impose stiff penalties for violations such as failure to obtain consent for authentication and in case of data breaches, PTI report quoting a "top source" said. The proposed amendments will give UIDAI powers to issue directions and impose penalty if the directions are not followed. Image source: Twitter/UIDAI

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2. Aadhaar Amendment Act: Voluntary Aadhaar

2. Aadhaar Amendment Act: Voluntary Aadhaar

The amendments propose to bring changes in The Telegraph Act and Prevention of Money Laundering Act (PMLA) to provide for voluntary use of Aadhaar for obtaining Mobile SIM cards and opening bank accounts. Image source: Twitter/UIDAI

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3. Aadhaar Amendment Act: In sync with Srikrishna panel

3. Aadhaar Amendment Act: In sync with Srikrishna panel

The proposed amendments in Aadhaar Act are in sync with the Srikrishna panel recommendations that had asserted that UIDAI should not only be autonomous in its decision-making, but also be vested with powers akin to traditional regulators for enforcement actions. Image source:  UIDAI

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4. Aadhaar Amendment Act: Repeal Section 57

4. Aadhaar Amendment Act: Repeal Section 57

Section 57 of Aadhaar Act previously allowed sharing of data with private entities and was subsequently struck down by the Supreme Court. This Section is proposed to be removed altogether. Image source:  UIDAI

 

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5. Aadhaar Amendment Act: Complain against UIDAI

5. Aadhaar Amendment Act: Complain against UIDAI

"Against the UIDAI orders, there will be provision to file appeal before TDSAT (Telecom Disputes Settlement and Appellate Tribunal), and against the orders of TDSAT an appeal can be made in the SC," the source said citing the planned changes. Image source:  UIDAI

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6. Aadhaar Amendment Act: Which entity can request for authentication

 6. Aadhaar Amendment Act: Which entity can request for authentication

According to PTI, entities that can request for authentication will primarily belong to two categories, those mandated by law made by Parliament, and those entities "working in the interest of the State", for which the rules will be framed by the Centre in consultation with the UIDAI. Such authentication will be on a voluntary basis. Image source:  UIDAI

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7. Aadhaar Amendment Act: Virtual IDs

7. Aadhaar Amendment Act: Virtual IDs

Proposed amendments include provision for allowing use of Virtual IDs, QR (Quick response) code, and offline verification modes. Image source:  UIDAI

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8. Aadhaar Amendment Act: Leave Aadhaar data base

8. Aadhaar Amendment Act: Leave Aadhaar data base

The proposed amendment include an option to opt out of Aadhaar database after a person attains the age of 18 years.  Image source: UIDAI

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9. Aadhaar Amendment Act: Penalties

9. Aadhaar Amendment Act: Penalties

The Aadhaar Act amendments suggested by the Srikrishna panel included penalty for failure to obtain consent for authentication or offline verification (up to three year imprisonment or fine of up to Rs 10,000); penalty for unauthorised use of core biometric information (imprisonment between 3-10 years and fine of up to Rs 10,000) amongst others. Image source: UIDAI

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10. Aadhaar Amendment Act: Rs 1 crore fine

10. Aadhaar Amendment Act: Rs 1 crore fine

The proposed amendments include a penalty of up to Rs 1 crore and jail for staffers of companies and insisting on Aadhaar as the sole identity and address proof. Image source: Twitter/UIDAI