In a landmark judgment, the Delhi High Court has authorized the Unique Identification Authority of India (UIDAI) to disclose the data of a missing person to the court in sealed cover under exceptional circumstances.
This ruling came to light during a habeas corpus case which demands a high level of urgency as the missing person might be in potential danger. The court emphasized that in such urgent scenarios, the UIDAI is mandated to provide the necessary data immediately.
A habeas corpus petition typically seeks the court’s intervention to produce a person who is either missing or believed to be unlawfully detained. “Given the critical nature of such cases, the high court has the authority to instruct UIDAI to release the data to facilitate the investigation, ensuring the safety and security of individuals involved,” remarked Justice Prathiba M Singh and Amit Sharma.
The decision references the Supreme Court’s landmark K S Puttuswamy judgment, which asserts the right to privacy as a fundamental right, underscoring that data collected by UIDAI is inherently private. “The information shared for Aadhaar is confidential and must be handled with the utmost secrecy by UIDAI. However, in dire situations, exceptions can be made to this practice,” the court stated.
The specifics of the case involve a woman who has been missing since May 2019, with her Aadhaar data recently updated to include a new address and mobile number. The update has prompted further investigation, spearheaded by the Delhi Police, who are yet to locate her despite extensive efforts.
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“The court has provided the updated information to the police to assist in locating the missing woman. We have directed UIDAI to submit any further updates or changes in a sealed cover at the next hearing,” the bench added, setting the next date of proceedings for August 20.
