Some unknown person created an online account with my Aadhar card details and booked a room with that account. I guess the person is the PG owner to whom I gave my Aadhar card to photocopy as proof of address. Now he is misusing the address proof for creating fake accounts and booking rooms like this. What should I do now?
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1 Answer
Chapter VII of The Aadhaar Act of 2016 specifies the punishments. Section 40 may be applicable:
Whoever, being a requesting entity, uses the identity information of an individual in contravention of sub-section (3) of section 8, shall be punishable with imprisonment which may extend to three years or with a fine which may extend to ten thousand rupees or, in the case of a company, with a fine which may extend to one lakh (100,000) rupees or with both.
and sect. 41 similarly penalizes violation of 8(2) with a lesser prison term of 1 year.
From the definitions in section (2),
“requesting entity” means an agency or person that submits the Aadhaar number, and demographic information or biometric information, of an individual to the Central Identities Data Repository for authentication
Sect. 8(2) requires that
A requesting entity shall—(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 (b) ensure that the identity information of an individual is only used for submission to the Central Identities Data Repository for authentication.
and 8(3) requires that
A requesting entity shall inform, in such manner as may be specified by regulations, the individual submitting his identity information for authentication, the following details with respect to authentication, namely:— (a) the nature of information that may be shared upon authentication; (b) the uses to which the information received during authentication may be put by the requesting entity; and (c) alternatives to submission of identity information to the requesting entity.
Note that a "requesting entity" is technically one who submits card data to CIDR for authentication, and there is no guarantee that the suspected copier did so. There do not seem to be any general restrictions on civilian use of the card, for example there seems to be no law prohibiting a person from requesting a copy of the card and not actually submitting the information to CIDR.
You are entitled to know about authentication requests, if any were made:
- (1) The Authority shall maintain authentication records in such manner and for such period as may be specified by regulations. (2) Every Aadhaar number holder shall be entitled to obtain his authentication record in such manner as may be specified by regulations.
You can apparently do this online via UIDAI's Aadhaar Authentication History (they send you an SMS, you can log on). I do not know if filing a police complaint would be effective. I take it that businesses are using the card informally as identification without the step of authentication.
