UIDAI Can Be Directed To Share Aadhaar Data In Sealed Cover For Exceptional Cases: Delhi HC

The case involved a habeas corpus petition which sought the Court’s assistance in locating petitoner’s mother, who had been missing since May 2019. The petition was supported by the fact that her mother's Aadhaar information had been recently updated, including the latest address and mobile number.

A Division Bench of Justice Prathiba M Singh and Justice Amit Sharma said, “In terms of the decision in K.S.Puttuswamy (supra) it is a settled proposition that the data provided to the UIDAI while making an Aadhar card is private and personal information of an individual. The same needs to be maintained with confidentiality and secrecy should be ensured by the UIDAI. Under normal circumstances the data given by any individual for preparing an Aadhar card would be the personal data of the said individual and would be governed by the law of privacy. However, sometimes there are exceptions to this i.e., for example as in the present petition where the daughter is seeking a writ of habeas corpus for production of her mother.”

Advocate Dinesh Malik appeared for the Petitioner and Standing Counsel Sanjay Lao appeared for the Respondents.

The Delhi Police submitted a status report indicating they had been unable to trace petitioner’s mother despite extensive efforts. Given the urgency of the situation and the fact that the missing person could potentially be in danger, the Court found that accessing the updated Aadhaar information was critical. The Court added, “The mother of the Petitioner is currently not traceable despite repeated efforts made by the Delhi Police. The daughter has information that recently the Aadhar card of the mother has been updated. Under such circumstances, in a habeas corpus writ petition when the Aadhar Card of the missing person may have been updated, the Court dealing with such a petition would not be able to hear the person concerned who is the holder of Aadhar Card and is missing.”

The Bench acknowledged the privacy concerns outlined in the KS Puttuswamy case, where Aadhaar data is classified as private. Nonetheless, the Court noted that in urgent cases like habeas corpus petitions, where a person’s safety might be at risk, there are exceptions. The Court said, “In addition, considering the urgency of the matter, and in order to safeguard the safety and security of an individual, UIDAI can also be directed by the High Court dealing with the Habeas Corpus petition, in exceptional cases such as the present one, to disclose the data to the Court in a sealed cover, even without being afforded a prior hearing. In a habeas corpus, there is a sense of urgency, with which the Court has to act as the missing person could be in danger. Under such circumstances, the UIDAI can be directed to provide the data forthwith.”

The Court thus allowed the UIDAI to provide the Aadhaar information in a sealed cover directly to the Court, without prior notice to the individual whose data was being disclosed.

The Court emphasized that in such habeas corpus petitions, where normal procedures cannot be followed due to the urgency and potential danger to the missing individual, UIDAI can be directed to share Aadhaar data confidentially with the Court. The Court added, “If there is any updating or editing of information with regard to the Aadhar card of the mother of the Petitioner by the next date of hearing, the same shall also be provided in a sealed cover to the Court, by the UIDAI, on the next date of hearing.”

The Court also took measures to ensure that the confidentiality of the Aadhaar data was preserved. It directed the Delhi Police to handle the information discreetly and instructed the High Court registry to maintain the data in a sealed cover.

Cause Title: Vandana v. State & Anr., [2024:DHC:5609-DB]

Appearance:

Petitioner: Advocates Dinesh Malik, Puneet Jain, and Kiffi Aggarwal

Respondents: Standing Counsel Sanjay Lao, Advocate Sushil Raaja