Balancing Privacy and Justice: Aadhaar Access for Identifying Unidentified Bodies

Source: The post balancing privacy and justice: Aadhaar access for identifying unidentified bodies has been created, based on the article “Aadhaar biometric data access will aid forensics” published in “The Hindu” on 6th November 2024

UPSC Syllabus Topic: GS Paper 2- Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context: The article discusses the conflict between privacy rights and the need to identify unidentified deceased individuals. It argues for allowing police access to Aadhaar biometric data in specific cases, emphasizing that this would help uphold the dignity of the deceased and aid investigations.

For detailed information on Aadhaar read this article here

What is the Current Policy on Biometric Data Access?

1. The Unique Identification Authority of India (UIDAI) enforces strict data privacy policies to protect personal information in the Aadhaar database.
2. Core biometric information, such as fingerprints and iris scans, cannot be shared with anyone, as per Section 29(1) of the Aadhaar Act.
3. Section 33(1) allows limited disclosure of certain data, but only by a High Court judge’s order.

What Challenges Arise from this Restriction?

1. Identification of Unidentified Bodies: Police face obstacles in identifying unknown bodies, especially those of economically disadvantaged individuals, migrants, and daily wagers, who often lack identification documents.
2. Limited Fingerprint Databases: Police fingerprint databases usually contain records only for individuals with criminal histories. Many states have not yet digitized these records, slowing down cross-referencing efforts.
3. Inefficiencies in Standard Procedures: Current methods, such as checking distinctive features, CCTV footage, and missing persons reports, are often inadequate, especially when bodies are decomposed.
4. Impact on Families and Justice: Access to Aadhaar biometric data could provide closure to families and assist in homicide investigations, but the current restrictions prevent this. In the U.S., agencies use Deceased Persons Identification (DPI) Services for similar cases, helping to uphold public safety and dignity.

What should be done?

1. Amend the Aadhaar Act to allow police access to core biometric data, specifically for identifying deceased individuals, to address cases where other methods fail.
2. Limit access strictly to cases with a registered First Information Report (FIR) regarding unidentified bodies under Section 194 of the Bharatiya Nagarik Suraksha Sanhita (formerly Section 174 of the CrPC), and allow approval by the jurisdictional judicial magistrate instead of requiring a High Court order.
3. Draw inspiration from the United States’ Deceased Persons Identification (DPI) Services, which help law enforcement identify unknown bodies through fingerprint databases.
4. Ensure requests for Aadhaar data are restricted to verified cases, prioritizing privacy and security.
5. This approach upholds dignity, offers closure to families, and ensures justice, especially for marginalized communities facing unequal access to the criminal justice system.

Question for practice:

Evaluate the potential benefits and challenges of amending the Aadhaar Act to allow police access to biometric data for identifying unidentified deceased individuals.