 bill no 86  of  2017 the aadhaar (targeted delivery of financial and other subsidies, benefits and services) amendment bill, 2017 byshri balka suman, mp a billto amend the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016be  it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the aadhaar (targeted delivery of financial and othersubsidies, benefits and services) amendment act, 20175(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint2 in section 2 of the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016 (hereinafter referred to as the principal act),—amendment of section 218 of 201610(a) in clause (g), for the words "iris scan, or such other biological attributes ofan individual as may be specified by regulations", the words "and iris scan" shall be substituted; and(b) in clause (k), the words ,"as may be specified by regulations" shall be omitted3 after section 3 of the principal act, the following section shall be inserted, namely:—insertion of new section3a"3a notwithstanding anything contained in section 3, every  resident shall have the option to discontinue as a holder of an aadhaar number:discontinuation of an aadhaar number5provided that if an individual who opts to discontinue as a holder of aadhaar number, such individual shall be entitled and permitted to have his aadhaar number deleted from the central identities data repository and on such deletion, all his data including the demographic and biometric information as well as all his authentication records shall be destroyed forthwith and a certificate to that effect shall be issued by the authority within fifteen days from the making of such request"10a m e n d m e n tof section 74 in section 7 of the principal act, in the proviso, after the words "assigned to an individual", the words "or if an individual chooses not to opt for enrolment or have opted to discontinue as a holder of an aadhaar number" shall be inserted5 in section 8 of the principal act, —a m e n d m e n t of section 8(a) in sub-section (2), in clause (a), the words "in such manner as may be specified by regulations" shall be omitted; and15(b) in sub-section (4), after the words "such identity information", the words"respecting the privacy of the individual" shall be inserted6 in section 23 of the principal act,—amendment of section 2320(a) in sub-section (3), in clause (a), the words "or other agencies" shall be omitted; and(b) in sub-section (4), for the words "on such allowances or remuneration and terms and conditions as may be specified by contract", the words "after a fair tendering process conducted by the authority" shall be substitutedamendment of section 287 in section 28 of the principal act, in sub-section (3), the words "or regulationsmade thereunder" shall be omitted258 in section 29 of the principal act,—amendment of section 29(a) in sub-section (1), for the words "no core biometric information, collected or created under this act,", the words "notwithstanding anything contained in this act or any other law for the time being in force, no core biometric information, collected or created under this act," shall be substituted; and30(b) in sub-section (3), for clause (b), the following clause shall be substituted, namely:—"(b) disclosed further for any purpose"9 in section 33 of the principal act,—amendment of section 3335(a) in sub-section (1), in the proviso, after the word "authority", the words"and permission from the individual whose data is to be disclosed" shall be inserted; and(b) in sub-section (2),—(i) for the words "national security", the words "public emergency or in the interest of public safety" shall be substituted; and40(ii) in the first proviso, after the words "oversight committee consisting of", the words "the central vigilance commissioner or the comptroller and auditor-general and" shall be inserted10 in section 54 of the principal act, in sub-section (2),—amendment of section 54(a) in clause (a), the words ''the biometric information under clause (g) and the demographic information under clause (k), and" shall be omitted; and(b) clause (f) shall be omittedamendment of section 57511 in section 57 of the principal act, after the first proviso, the following provisoshall be inserted:—10"provided further that where the security and confidentiality of identity information collected under this section is compromised because of a lapse attributable to the entity requesting such information, such entity shall be liable to be dealt with in accordance with the provisions of section 37" statement of objects and reasonsaadhaar is a twelve digit number that serves as a unique identifier for indian citizens and residents it was introduced in 2010, with the intentions of making subsidy and benefit deliverance more effective and eliminate leakages in the process the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016 has been enacted with a view to provide for, as a good governance, efficient, transparent, and targeted delivery of subsidies, benefits and services, the expenditure for which is incurred from the consolidated fund of india, to individuals residing in india through assigning of unique identity numbersthe recent notification by the government mandating the possession of an aadhaar number for receiving benefits for various schemes covered by the direct benefit transfer programme has created a furore reports from the states of gujarat, jharkhand, andhra pradesh and other states describe the exclusion of genuine beneficiaries because of problems with the aadhaar records and authentication issues, besides technological and infrastructural failuresaadhaar may involve certain issues, such as security and confidentiality of information, imposition of obligation of disclosure of information so collected in certain cases: impersonation by certain individuals at the time of enrolment for issue of aadhaar; unauthorised access to the central identities data repository (cidr); manipulation of biometric information; investigation of certain acts constituting offence; and unauthorised disclosure of the information collected for the purpose of issue of aadhaarin 2012, justice a p shah committee enumerated a large number of principles which the aadhaar legislation must follow to make it privacy-compatible the supreme court reaffirmed an earlier ruling from 2013, stating that aadhaar can only be a voluntary decision of the individual and that as long as a person is eligible to avail benefits and subsidies, the government cannot deny them those benefits and subsidies because on the basis that they do not have an aadhaar card despite this ruling, the union government decided to push through with these movesaadhaar shall be used voluntarily and not mandatory every individual must have the flexibility to opt out of aadhaar the current legislation does not allow the room for manoeuver to somebody to either opt out of aadhaar or somebody who does not desire an aadhaar number there are also strong apprehensions on the issue of privacy and national security relating to misuse and mishandling of information in the aadhaar numberhence this billnew delhi;balka sumanapril 11, 2017 annexureabstract from the aadhaar (targeted delivery of financial  and other subsidies, benefits and services)  act, 2016(18 of 2016)|             |     |     |     |     |    ||--------------|------|------|------|------|-----|| definitions |      |      |      |      |     || 2           |      |      |      |      |     ||             |     |     |     |     |    |(g) "biometric information" means photograph, finger print, iris scan, or such other biological attributes of an individual as may be specified by regulations;|     |     |     |     |     |    ||------|------|------|------|------|-----|(k) "demographic information" includes information relating to the name, date of birth, address and other relevant information of an individual, as may be specified by regulations for the purpose of issuing an aadhaar number, but shall not include race, religion, caste, tribe, ethnicity, language, records of entitlement, income or medical history;|     |     |     |     |     |    ||------|------|------|------|------|-----|3 (1)     aadhaar number(3) on receipt of the demographic information and biometric information under sub-section (1), the authority shall, after verifying the information, in such manner as may be specified by regulations, issue an aadhaar number to such individual|     |     |     |     |     |    ||------|------|------|------|------|-----|7 the central government or, as the case may be, the state government may, for the purpose of establishing identity of an individual as a condition for receipt of a subsidy, benefit or service for which the expenditure is incurred from, or the receipt therefrom forms part of, the consolidated fund of india, require that such individual undergo authentication, or furnish proof of, possession of aadhaar number or in the case of an individual to whom no aadhaar number has been assigned, such individual makes an application for enrolment:proof of aadhaar number necessary for receipt of certainsubsidies,benefits and services, etcprovided that if an aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the subsidy, benefit or service|     |     |     |     |     |    ||------|------|------|------|------|-----|| 8   |      |      |      |      |     ||     |     |     |     |     |    |(2) a requesting entity shall—authentication of aadhaar number(a) unless otherwise provided in this act, obtain the consent of an individual before collecting his identity information for the purposes of authentication in such manner as may be specified by regulations; and     (4) the authority shall respond to an authentication query with a positive, negative or any other appropriate response sharing such identity information excluding any core biometric information      23     powers and functions of authority(3) the authority may,—(a) enter into memorandum of understanding or agreement, as the case may be, with the central government or state governments or union territories or other agencies for the purpose of performing any of the functions in relation to collecting, storing, securing or processing of information or delivery of aadhaar numbers to individuals or performing authentication;     (4) the authority may engage such consultants, advisors and other persons as may be required for efficient discharge of its functions under this act on such allowances or remuneration and terms and conditions as may be specified by contract28      security andconfidentiality of information(3) the authority shall take all necessary measures to ensure that the information in the possession or control of the authority, including information stored in the central identities data repository, is secured and protected against access, use or disclosure not permitted under this act or regulations made thereunder, and against accidental or intentional destruction, loss or damage29 (1) no core biometric information, collected or created under this act, shall be—     restriction on  sharing information(3) no identity information available with a requesting entity shall be—(a)      (b) disclosed further, except with the prior consent of the individual to whom such information relates      disclosure of information in certain cases33 (1) nothing contained in sub-section (2) or sub-section (5) of section 28 or subsection (2) of section 29 shall apply in respect of any disclosure of information, including identity information or authentication records, made pursuant to an order of a court not inferior to that of a district judge:provided that no order by the court under this sub-section shall be made without giving an opportunity of hearing to the authority(2) nothing contained in sub-section (2) or sub-section (5) of section 28 and clause (b)of sub-section (1), sub-section (2) or sub-section (3) of section 29 shall apply in respect of any disclosure of information, including identity information or authentication records, made in the interest of national security in pursuance of a direction of an officer not below the rank of joint secretary to the government of india specially authorised in this behalf by an order of the central government:provided that every direction issued under this sub-section, shall be reviewed by an oversight committee consisting of the cabinet secretary and the secretaries to the government of india in the department of legal affairs and the department of electronics and information technology, before it takes effect:provided further that any direction issued under this sub-section shall be valid for a period of three months from the date of its issue, which may be extended for a further period of three months after the review by the oversight committee     54 (1)      power of authority to make regulations(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—(a) the biometric information under clause (g) and the demographic information under clause (k), and the process of collecting demographic information and biometric information from the individuals by enrolling agencies under clause (m) of section 2;      (f) the procedure for authentication of the aadhaar number under section 8;     57 nothing contained in this act shall prevent the use of aadhaar number for establishing the identity of an individual for any purpose, whether by the state or any body corporate or person, pursuant to any law, for the time being in force, or any contract to this effect:act not to prevent use of aadhaar number for other purposes under lawprovided that the use of aadhaar number under this section shall be subject to the procedure and obligations under section 8 and chapter vi     ———— a billto amend the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016————(shri balka suman, mp)gmgipmrnd—625ls(s3)—24-06-2017