Why in news?
Recent discussions about using Aadhaar biometrics data to identify unknown dead bodies.
What are the challenges in finding identity with the current system?
- Limited Records - Fingerprint databases for police investigations are often limited to the records of those with known criminal histories.
- Inadequate Digitization - In many States, these records are not yet digitized, making it even more difficult to cross-reference data quickly and efficiently.
- Under Reporting – Many of the missing person cases are not registered with police, thus making it to difficult to identify the person.
- Inadequate Evidences - Victims of hit-and-run accidents without identification documents or mobile phones, or those with mental health issues and travelling to unfamiliar places.
What are the advantages of using Aadhaar in forensic?
- Identification of deceased individuals – Identification of unclaimed or unidentified bodies who are mostly migrant workers, homeless individuals.
- Finding Missing Person – Identifying missing or trafficked children, persons with mental health issues traffic.
- Right to Life and Dignity – Faster recognition of a deceased person enables for respectful final rites and closure for families.
- Effective Crime Investigation –Access to fingerprint data can offer essential scientific support to an investigation.
- Enhancing Criminal Justice – Effective investigation enhances the criminal justice system.
- Uphold Public Safety – Crime reduction using Adhaar improves public safety and reduces crime rate.
What are the limitations in using the Aadhaar in forensic?
- Privacy Protection - UIDAI takes privacy seriously, enforcing strict guidelines to protect individuals’ demographic and biometric information.
- Biometric Prohibition - Section 33 of Aadhaar Act prohibits sharing of “core biometric information”, which includes fingerprints and iris scans, with anyone for any reason.
- Restriction in Access - Section 33(1) of the Aadhaar Act allows the disclosure of certain information under an order of a court not inferior to that of a High Court judge.
- Right to Privacy - Supreme Court Judgement in Justice Puttaswamy case held Right to Privacy as a fundamental right protected under Article 21.
- Data Privacy Law - Digital Personal Data Protection (DPDP) Act, 2023 protects the personal identity data of citizens.
- Technical Limitation - The technological architecture of UIDAI for Aadhaar-based authentication does not allow for matching prints , including latent and chance finger prints, against the other finger prints in the UIDAI database.
What lies ahead?
- Re-evaluating privacy restrictions in Aadhaar Act on specific contexts, such as identifying a deceased person.
- Providing the police with access to a deceased person’s core biometric information, strictly based on a first information report (FIR).
- Enabling jurisdictional judicial magistrate to authorize the data access instead of High court judges to reduce the burden on the higher judiciary in cases not involving violations of privacy.
- Similar provisions might be adopted in India to ease identification challenges without compromising privacyImplementing legal and ethical guidelines with transparency can ensure Aadhaar’s continued relevance and secure its place as a trustworthy public utility.
Quick Facts
- UIDAI – The Unique Identification Authority of India was established in 2009 to build a secure and centralized database that could help in the accurate identification of individuals across the nation.
- Objective of UIDAI – To streamline and secure identity verification processes, thereby reducing the risk of identity fraud and enabling individuals to access various governmental and non-governmental services.
- Aadhaar – It is a 12-digit unique identity number based on individual’s demographic and biometric data, such as fingerprints and iris scans.
Reference
The Hindu |Aadhaar biometric data access will aid forensics