Introduction: In a significant development, the Directorate of Vigilance in Delhi has issued a notification on September 18, 2023, regarding the use of Aadhaar authentication on a voluntary basis for its Vigilance Complaint Information Management System (VCIMS) Portal. This move has implications for the identification of complainants, enhancing efficiency, and ensuring transparency in vigilance and anti-corruption efforts. In this article, we delve into the details of this notification, exploring its rules, benefits, and implications.
Background and Legal Framework: The notification is grounded in Section 4(4)(b)(ii) of the Aadhaar Act, 2016, which permits voluntary Aadhaar authentication for specific purposes. It is crucial to note that this decision aligns with the interests of the state, as it aims to streamline processes related to vigilance and anti-corruption activities.
Aadhaar Authentication Rules: The Government of India introduced the “Aadhaar Authentication for Good Governance (Social Welfare, Innovation, Knowledge) Rules, 2020,” which empowers state governments to seek permission to use Aadhaar authentication voluntarily. This rule set the stage for Delhi’s Directorate of Vigilance to explore this avenue.
Authorization from Central Government: The Central Government, through an authorization letter dated June 22, 2023, granted permission to the Government of NCT of Delhi, Directorate of Vigilance, to implement Aadhaar authentication. This authorization is in line with Rule 5 of the Aadhaar Authentication for Good Governance Rules, 2020.
Conditions for Usage: The notification specifies several conditions that must be met during the implementation of Aadhaar authentication:
- Consent: Complainants’ informed consent is mandatory, following Section 29 of the Aadhaar Act.
- Exception Handling: The Aadhaar Act’s provisions for exception handling must be strictly adhered to.
- Alternatives: Complainants should be informed about alternative identification methods, ensuring that the use of Aadhaar is entirely voluntary.
- Non-Denial of Service: Service or benefits should not be denied due to Aadhaar authentication failure.
- Data Protection: Aadhaar numbers should not be displayed openly, with only the last four digits revealed where necessary.
- Secure Storage: If Aadhaar numbers are stored, they must be kept securely in the Aadhaar Data Vault.
- Audit and Compliance: An audit of the application is required, with compliance to relevant Aadhaar Act provisions and UIDAI instructions.
Role of National Informatics Centre (NIC): NIC is designated as the Authentication User Agency (AUA) and e-KYC User Agency (KUA) for this purpose, while the Directorate of Vigilance serves as the Sub-AUA/Sub-KUA.
Transparency and Accountability: This move towards Aadhaar authentication in vigilance processes underscores the government’s commitment to transparency and accountability in public services. By providing an alternative means of identification and adhering to strict rules, this initiative aims to enhance the overall effectiveness of vigilance and anti-corruption efforts.
Conclusion: The notification issued by the Directorate of Vigilance in Delhi marks a significant step in the integration of Aadhaar authentication into government processes. By offering complainants the option of Aadhaar-based identification, while safeguarding their rights and data, this initiative seeks to streamline vigilance and anti-corruption procedures. It underscores the importance of aligning technology and governance for the benefit of citizens and the state. As this system is implemented, it will be essential to monitor its impact on efficiency, transparency, and the protection of individuals’ privacy rights.
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DIRECTORATE OF VIGILANCE
NOTIFICATION
Delhi, the 18th September, 2023
F. No. 01/15/DOV/Admn/2022/Pt. File./10746.—Section 4(4) (b) (ii) of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (hereinafter referred to as “the said Act”), allows performing authentication on voluntary basis, for such purpose, as the Central Government in consultation with the Authority, and in the interest of State, may prescribe.
Whereas for such purpose Government of India has framed the Aadhaar Authentication for Good Governance (Social Welfare, Innovation, Knowledge) Rules, 2020 wherein the State Government can seek permission under the said rules to use Aadhaar on voluntary basis.
Whereas Government of India vide Authorization Letter of e-File No. 13(4)/2020-EG-II(Vol-9) dated 22nd June 2023 has conveyed the authorization by the Central Government for the Government of NCT of Delhi, Directorate of Vigilance, to notify under rule 5 of the Aadhaar Authentication for Good Governance (Social Welfare, Innovation, Knowledge) Rules, 2020 read with sub-clause (ii) of clause (b) of sub-section (4) of section 4 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (“Act”), performance of Aadhaar authentication, on a voluntary basis, for verifying the identity of the complainants, using Yes/No or/and e-KYC authentication facility, at the time of registration on the online portal for filing vigilance as well as anticorruption trap complaints.
Now, therefore, the Lt. Governor of National Capital Territory of Delhi hereby notifies that for Vigilance Complaint Information Management System (VCIMS) Portal, National Informatics Centre can seek Aadhaar Authentication on voluntary basis, for the purpose of identification as per rule 5 of the Aadhaar Authentication for Good Governance (Social Welfare, Innovation, Knowledge) Rules, 2020, subject to the following conditions:
(i) The instant approval is for both ‘Yes/No authentication or/and e-KYC authentication’ Aadhaar Services Division, NIC shall be the AUA/KUA for the above purpose and DOV shall be the Sub-AUA/Sub-KUA.
(ii) The informed consent of the complainant shall be obtained for the purpose of authentication in terms of Section 29 of the said Act. The purpose for which the Aadhaar number and related information is being sought must be communicated clearly to the complainant. Specifically, the manner in which the Aadhaar number will be collected, stored and used shall be clearly communicated to the complainant.
(iii) Provisions related to exception handling shall be implemented strictly in accordance with Aadhaar Act, 2016 and its associated regulations.
(iv) The complainant shall be informed of alternate mechanism of identification or verification as the instant usage of Aadhaar Authentication is permitted purely on voluntary basis.
(v) There shall not be denial of any service or benefit to complainant on account of failure of Aadhaar based authentication as the complainant has also been provided alternate modes of authentication.
(vi) There shall not be display of Aadhaar number anywhere in system and wherever required only last four digits of Aadhaar number may be displayed.
(vii) Complete details of the e-KYC information of the complainant shall not be displayed on the screen instead only necessary demographic details such as first name, date of birth, etc, may be displayed.
(viii) Aadhaar numbers, if need to be stored, shall be stored securely in Aadhaar Data Vault.
(ix) Information Technology Department, GNCTD shall get this application audited by DeGS empanelled Auditor and submit the report to DOV and NIC. The DOV and NIC after examination shall submit the report to UIDAI. Any subsequent suggestions made by DOV and NIC/ UIDAI may also be complied with.
(x) DOV shall comply with all the relevant provisions of the Aadhaar Act, its associated regulations and other instruction issued by UIDAI from time-to-time.
By Order and in the Name of Lt. Governor of
the National Capital Territory of Delhi,
SUDHIR KUMAR, Secy.-cum-Director
