SFLC.in writes to UIDAI seeking extension for Draft Aadhaar (Authentication and Offline Verification) Regulations, 2021

The Unique Identification Authority of India (hereinafter “the UIDAI”) recently released the Draft Aadhaar (Authentication and Offline Verification) Regulations, 2021 for stakeholder consultation. The draft document was released by the UIDAI from May 20, 2021 to June 2, 2021 which is less than the 30 day period stipulated by the Pre-Legislative Consultation Policy.

SFLC.in wrote to the UIDAI seeking extension of the stakeholder consultation period and to be in compliance with the Pre-Legislative Consultation Policy. The letter also highlights that the Pre-Legislative Policy requires proactive publication of the proposed legislation on the internet and through other means. However, the draft Rules were not publicized by the UIDAI on its social media handles or via press releases on Press Information Bureau.

SFLC.in has also filed an Right to Information Application with the UIDAI seeking file notings and minutes of meetings of the draft Rules. You can access the RTI Application here. We will update this space once we receive a response from the UIDAI.

You can read the letter here:

May 31st, 2021

To,
Dr. Saurabh Garg
Chief Executive Officer,
UIDAI
ceo@uidai.gov.in

Respected Dr. Garg,

Greetings from SFLC.in!

Subject: Extending duration of stakeholder consultation for Draft Aadhaar (Authentication and Offline Verification) Regulations, 2021 in compliance with the Pre-Legislative Consultation Policy

SFLC.IN is the first Indian legal services organization that works exclusively on technology, law, and policy. As a not-for-profit organization engaged in the empowerment of Indian citizens about their digital freedom and rights, it operates as a collective bringing together different stakeholders to a common platform to further the cause of digital rights. SFLC.in promotes innovation and open access to knowledge by helping policy makers make informed and just decisions regarding the use and adoption of technology. As of 2020, SFLC.in is the only Indian organization to be inducted as a member of the IFEX, a global network to defend the right to freedom of expression and information.

We write this letter regarding the duration of stakeholder consultation for Draft Aadhaar (Authentication and Offline Verification) Regulations, 2021 to be in compliance with the Pre- Legislative Consultation Policy. The draft document was released by the UIDAI from May 20, 2021 to June 2, 2021 which is less than the 30 day period stipulated by the Pre-Legislative Consultation Policy.

The Policy requires proactive publication of the proposed legislation on the internet and through other means. However, the draft Rules were not publicized by the UIDAI on its social media handles or via press releases on Press Information Bureau.

The consultation process forms the basis of all legislation and policies in the country. The Pre- Legislative Consultation Policy stipulates a 30 day consultation period for all legislation and government policies released by the ministries/department. Such an important framework should be finalised only after detailed consultations with relevant stakeholders and the public at large.

Therefore, we request you to kindly provide a reasonable time to all stakeholders to study and analyse the draft and make comments on it.

Thanking you

Sincerely,
Prasanth Sugathan
Legal Director,
SFLC.in
prasanth@sflc.in