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UIDAI finally gets powers to penalise Aadhaar Act violators for hacking, unauthorised use

After a five-year wait, the UIDAI gets more teeth to mete out punishment which includes levying hefty fines.

Aadhaar, PAN Card

How should UIDAI penalise violators of the Aadhaar Act? What should be the designation of the adjudicating officer, and how should they go about handling complaints? The central government answers these questions in the Aadhaar Act (Adjudication of Penalties) Rules 2021 released on October 29. The Aadhaar Act 2016 gave the UIDAI powers to penalise entities for both civil and criminal violations. The central government has finally outlined a mechanism for UIDAI to enforce the penalties, and hence implement the privacy safeguards outlined in the Act. What do the new Aadhaar Act Rules say? The Aadhaar Act (Adjudication of Penalties) Rules 2021 outline the procedure for UIDAI to deal with violators: Who should be the adjudicating officer? Under the Aadhaar Act, UIDAI must appoint an adjudicating officer to deal with violations of the act. The officer must: not be below the rank of Joint Secretary to the Government of India possess ten years or more of experience in the government body possess more than three years of experience law, management, IT or commerce How to send a complaint: The UIDAI can send a complaint to the adjudicating officer in case of a violation, which must contain the following: the nature of the contravention relevant provision of the Aadhaar Act or rules issued by UIDAI the maximum penalty which can be imposed on the person or entity the timing, place of contravention along with supporting documents How will the adjudicating officer deal with the complaint? Once a complaint is received from UIDAI,…

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