Consider the following statements: 1) Aadhaar metadata cannot be stored for more than three months. 2) State cannot enter into any contract with private corporation for sharing of Addhaar data. 3) Aadhaar is mandatory for obtaining insurance products. 4) Aadhaar is mandatory for getting benefits funded out of the Consolidated Fund of India. Which of the statements given above is/are correct?

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CollectorBabu · Accepted Answer

Correct Answer: 2 and 4 only. A five-judge Constitution bench headed by former Chief Justice Dipak Misra, with a majority of 4:1, noted back in September 2018 that collection of data, its storage and use does not violate fundamental Right of Privacy and the Aadhaar Act and regulations provided for protection and safety of data received from individuals. Statement 1: However, SC directed the Centre not to retain authentication data of citizens who have enrolled for Aadhaar beyond six months. Statement 2: As per the SC guidelines on Section 57 of the act, State entering into any contract with private corporations for sharing of Aadhaar data is clearly impermissible as a contractual provision is not backed by a law and, therefore, first requirement of proportionality test is not met. Statement 3: As per the guidelines by IRDAI, Aadhaar is not mandatory for buying insurance. Statement 4: Welfare schemes under this law are dealt with in section 7. SC has upheld Aadhaa for only those schemes that have a connection with the consolidated fund and constitutes a bounty rather than just any other service. Until November 2017, nearly 252 schemes implemented by various ministries required possession of Aadhaar, the 12-digit unique identity document. Only statements 2 & 4 are correct.

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