High Court Grants UIDAI Permission to Release Aadhaar Data in Special Habeas Corpus Cases

New Delhi, August 2, 2024: The Delhi High Court has permitted the Unique Identification Authority of India (UIDAI) to disclose Aadhaar information in exceptional habeas corpus cases without prior hearing. This ruling prioritizes individual safety in urgent situations. Justices Prathiba Singh and Amit Sharma clarified that while Aadhaar Act Sections 28 and 33 generally require hearings for disclosure requests, exceptions can be made in urgent cases involving missing persons.

The decision came in response to a petition from a woman seeking help to locate her missing mother, last seen in May 2019. Despite police efforts, the woman remained untraceable, but the recent update to her Aadhaar card prompted the court to involve UIDAI. The court ordered UIDAI to submit the missing woman’s updated Aadhaar details, including her address, to the police in a sealed cover.

UIDAI had previously argued that privacy concerns, as highlighted by the Supreme Court’s 2019 judgment, should be considered, requiring a hearing before any data disclosure. However, the court acknowledged that in urgent cases like habeas corpus petitions, exceptions to privacy rules are justified. The Delhi Police, having reported difficulty locating the missing woman, was directed to use the new information for further investigation and update the court on their progress.