केन्द्रीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग,ग मुननरका

Baba Gangnath Marg, Munirka नई दिल्ली, New Delhi – 110067 / Second Appeal No. CIC/MOEIT/A/2024/112494.

द्वितीय अपील संख्या

Shri. SHRIKANT ABA POKHARNIKAR. …

/Appellant अपीलकताा

VERSUS/

बनाम PIO, …प्रततिादीगण /Respondent Ministry Of Electronics & Information Technology/UIDAI Date of Hearing : 06.06.2025 Date of Decision : 06.06.2025 Chief Information Commissioner : Shri Heeralal Samariya Relevant facts emerging from appeal:

RTI application filed on : 30.10.2023 PIO replied on : 07.11.2023 First Appeal filed on : 29.11.2023 First Appellate Order on : 15.12.2023 2ndAppeal/complaint received on : 25.04.2024 Information sought and background of the case:

The Appellant filed an RTI application dated 30.10.2023 seeking information on following points:-

“It is requested to provide the copy of the application form for Aadhaar Card alongwith copies of documents submitted. Also provide their aadhaar card number, date of issue of Aadhaar Card, Name in Marathi language and name spelt in English language as reflected in the Aadhaar Card.”

The CPIO, Director, RO, Mumbai vide letter dated 07.11.2023 replied as under:-

“In response to your RTI application dated 30.10.2023 received by this office on 03.11.2023. After scrutiny of the application, following information is being submitted under the RTI Act, 2005 -

It is submitted that no EID / URN / Aadhaar number has been provided in your RTI application. Identity of a resident is established through Aadhaar number assigned to an individual and process of authentication as per the provisions of the Aadhaar Act, 2016 and Regulations framed there under. Details of an Aadhaar number holder as sought cannot be established on the basis of Name, Address, etc.

However, even if the EID/URN/Aadhaar Number is provided, the requested information cannot be provided as-

(i) The information sought by the applicant is restricted by the provision of section 8 (1)

(j) of the RTI Act, being the personal information and the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual.

(ii) The case laws have already been laid down in similar matters vide:-

CIC's, New Delhi decision in the matter of Smt. Ujwala Jaywant Ubale V/s CPIO, UIDAI vide its order No. CIC/SH/A/2014/001409 dated 03.09.2015, and in the matter of Shri Hemant Kumar Ghanshyam Mishra V/s CPIO, UIDAI vide its order No. CIC/SH/A/2015/001440 dated 27.09.2016 held that personal information of Aadhaar cannot be shared with third party; and (iii) Further, The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (Aadhaar Act) and amendment made vide the Aadhaar and Other Laws (Amendment) Act, 2019, restricts the sharing of information, collected or created under the said Act except as per the provisions of the Aadhaar Act or the Regulations framed there under.

The only exception on the restriction on sharing of information is provided under Section 33 of the Aadhaar Act and amendment thereto. As per Section 33 (1) of the Aadhaar Act, 2016 as amended by the Aadhaar and Other Laws (Amendment 2019 (No. 14 of 2019) any disclosure of information (other than core biometric information), including identity information or authentication records can be made pursuant to an order of a court not inferior to that of a Judge of High Court and opportunity of hearing be provided to both UIDAI and the concerned Aadhaar Number holder.

The Hon'ble Supreme Court vide its judgment dated 26.09.2018 IN THE MATTER OF JUSTICE K.S. PUTTASWAMY (RETD.) AND ANOTHER VS UNION OF INDIA AND OTHERS in WP (C) 494 of 2012 had clarified that an individual, whose information is sought to be released, shall be afforded an opportunity of hearing. On receipt of such an order, in that eventuality, the individual shall have right to challenge such an order passed by approaching the higher court. During the he