What has been changed in the Aadhaar Amendment Bill?

On Wednesday, 02 January 2019, we got our first look at The Aadhaar and Other Laws (Amendment) Bill, 2018. On Friday, 04 January 2019, this Bill was passed by the Lok Sabha. We compared this Bill with the existing provisions under The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 and the Supreme Court’s judgment in Justice K.S. Puttaswamy (Retd.) & Anr. vs Union of India & Ors. [W.P. (C) 494/2012], better known as the Aadhaar case.

The word 'Regulation' below refers to the Aadhaar (Authentication) Regulation, 2016.

FAQs on the Aadhaar Judgment

1. Can Aadhaar be required for getting a new mobile connection? Is linking Aadhaar with mobile number mandatory?

No. The Supreme Court of India in Justice K. S. Puttaswamy (Retd.) and Anr. v. Union Of India And Ors. (CWP 494 of 2012) has held that mobile service companies cannot ask for Aadhaar from subscribers. The majority opinion held that the circular dated March 23, 2017 mandating linking of mobile number with Aadhaar is illegal and unconstitutional as it is not backed by any law.

Key Highlights of the Aadhaar Judgment

The Supreme Court has delivered its much awaited judgment in the Aadhaar case, wherein the majority view, comprised of - Dipak Misra CJI., AK Sikri J., AM Khanwilkar, J. and Ashok Bhushan J. (though Bhushan J. dissented with the majority on certain points) upheld the constitutionality of the Aadhaar Act, 2016 barring a few provisions on disclosure of personal information, cognizance of offences and use of the Aadhaar ecosystem by private corporations. DY Chandrachud J. delivered a dissenting opinion debasing the entire Aadhaar scheme along with the Act.

Full text of the 1448-page Aadhaar Judgement

The Supreme Court has delivered its much awaited judgment in the Aadhaar case, wherein the majoirty view, comprised of -  Dipak Misra CJI., AK Sikri J., AM Khanwilkar, J. and Ashok Bhushan J. (though Bhushan J. dissented with the majority on certain points) upheld the constitutionality of the Aadhaar Act, 2016 barring a few provisions on disclosure of personal information, cognizance of offences and use of the Aadhaar ecosystem by private corporations. DY Chandrachud J. delivered a dissenting opinion debasing the entire Aadhaar scheme along with the Act.

Round Table Discussion on the Personal Data Protection Bill: 27th September (Thursday) at Cochin

The Ministry of Electronics and Information Technology has sought comments on the Draft Personal Data Protection Bill, 2018 by the 30th of September 2018. We are holding a Round Table discussion on the draft Bill on 27 September 2018 (Thursday) at the Abad Plaza, MG Road, Cochin from 4.30pm to 8.00pm with GTech (GTech is the collaborative of IT companies in Kerala) as our partner. This is an invite only event with experts from Civil Society, Government, Academia, Industry and Media.

Round Table Discussion on the Personal Data Protection Bill: 25th September (Tuesday) at Bengaluru

The Ministry of Electronics and Information Technology has sought comments on the Draft Personal Data Protection Bill, 2018 by the 30th of September 2018. We are holding a Round Table discussion on the draft Bill on 25 September 2018 (Tuesday) at the Hyatt Centric Hotel, MG Road, Bengaluru from 10.30am to 4.30pm. This is an invite only event with experts from Civil Society, Government, Academia, Industry and Media.

Round Table Discussion on the Personal Data Protection Bill: 26th September (Wednesday) at Mumbai

The Ministry of Electronics and Information Technology has sought comments on the Draft Personal Data Protection Bill, 2018 by the 30th of September 2018. We are holding a Round Table discussion on the draft Bill on 26 September 2018 (Wednesday) at the Taj Lands End, Bandra West, Mumbai from10.30am to 5.30pm. This is an invite only event with experts from Civil Society, Government, Academia, Industry and Media. The idea is to bring forward the perspectives of all stakeholders in order to build a comprehensive understanding of the issues in the Draft Personal Data Protection Bill, 2018.

Round Table Discussion on the Personal Data Protection Bill: 4th September (Tuesday) at the IIC, Delhi

The Ministry of Electronics and Information Technology has sought comments on the Draft Personal Data Protection Bill, 2018 by the 10th of September 2018. We are holding a Round Table discussion on the draft Bill on 04 September 2018 (Tuesday) at the India International Centre (Seminar Hall No. 1), New Delhi between 1:45-5:00 pm. This is an invite only event with experts from Civil Society, Academia, Industry and Media.

Social Media Communications Hub: A Privacy Nightmare

On April 25, 2018 the Ministry of Information and Broadcasting released a bid document (“SMCH Bid Document”) stating its intent to establish a Social Media Communication Hub (“SMCH”) which would enable processes such as analyzing large volumes of data across diverse digital platforms in real time, comprehensive analytics along with monitoring and analyzing social media communications etc.