UIDAI brings in deactivation of Aadhaar numbers of Foreign Nationals on certain conditions

On 29-9-2023, the Unique Identification Authority of India (‘UIDAI’) notified the Aadhaar (Enrolment and Update) Amendment Regulations, 2023 to amend the Aadhaar (Enrolment and Update) Regulations, 2016. The provisions came into effect on 29-9-2023.

Key Points:

1. The definition of “database” has been introduced which means the organized collection of data, generally stored and accessed in electronic form from a computer network.

2. Regulation 4 relating to “Demographic information” has been revised which directs to collect the following information, apart from the name, date of birth, gender, address, mobile number and email address of the individual undergoing enrolment, i.e-

   • If a Non-resident Indian or a foreign national seeks enrolment, he will be required to furnish his email address.

   • If an individual who seeks enrolment is a child or an individual having a legal guardian–

     • Name of the head of the family;

     • Relationship of the head of family with the individual seeking to enrol;

     • Aadhaar number of the head of family; and

     • Biometric information of the head of family.

3. Regulation 5 relating to “Information for enrolment of a child below 5 years of age” has been revised. The following information is required to be collected-

   • Name;

   • Date of Birth;

   • Gender;

   • Facial Image;

   • Aadhaar number of parents or the guardians (with details of the relationship with the child); and

   • Biometric information of either parent/ guardian (along with the address).

4. Revision of Regulation 10 relating to “Submission and verification of information” lays down the new procedure and requirements-

   • A person seeking enrolment needs to submit an application in the form set out in Schedule I.

   • He has to be present in the Verification Centre for verification and scanning.

   • He has to have evidencing proof of identity and proof of address

   • Has to give his consent for electronically obtaining the information evidencing the proofs.

   • The documents mentioned in Schedule II have to be presented to evidence the proof.

   Exception to collection of documents evidencing proof of identity and proof of address of an individual-

   • The Registrar General of India has carried out the Enrolment/ update of biometric/ demographic information.

   • electronic information evidencing the said proof is available from the databases prepared or maintained by the authorities.

5. Regulation 28-A relating to “Deactivation of certain Aadhaar numbers” has been inserted which lays down the situations where the Aadhaar number of the foreign national, who is seeking enrolment or is already an Aadhaar number holder, can be deactivated.

   • upon expiry of the period of validity of their visa for stay in India; or

   • where the Authority is satisfied that such foreign national does not fulfil the requirements for his entry into or stay in India.

6. Schedules I, II, and III are substituted.