My Aadhaar details were leaked/misused, what legal remedy do I have?

Question

My Aadhaar number and biometric details appear to have been leaked or used without my authorisation for some transaction. Before I spend money on it, I want to know whether Aadhaar Act, 2016 – Section 29 gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.

MyVakeel Legal Desk · Accepted Answer

Aadhaar Act, 2016 – Section 29, Aadhaar Act, 2016 – Section 37, Aadhaar Act, 2016 – Section 47 and Digital Personal Data Protection Act, 2023 is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.

Section 29 of the Aadhaar Act restricts sharing of core biometric information, and Section 37 punishes unauthorised disclosure of identity information with imprisonment up to 3 years and/or fine up to Rs 10,000 (up to Rs 1 lakh for a company).

Section 47 of the Aadhaar Act requires that a complaint under the Act can be filed only by the UIDAI or a person authorised by it — so you should first lodge a complaint with UIDAI (via the helpline 1947 or the grievance portal) so they can pursue the criminal complaint on your behalf.

Separately, if a private company mishandled your Aadhaar-linked personal data, you can pursue a civil claim under Section 43A of the IT Act and, going forward, under the DPDP Act, 2023 for the fiduciary's failure to implement reasonable security safeguards.

Never share your Aadhaar number/OTP with unverified callers, and use UIDAI's 'lock biometric' feature via the mAadhaar app to prevent misuse of your biometric data for authentication until the matter is resolved.

You can also request a Virtual ID (VID) from UIDAI instead of sharing your actual Aadhaar number for everyday verification, which limits future exposure.

In practice, in this order: 1) Lock your Aadhaar biometrics immediately via the mAadhaar app or UIDAI website; 2) Lodge a complaint with UIDAI through the 1947 helpline or grievance portal; 3) File a complaint at cybercrime.gov.in if fraud has resulted from the leak; 4) Use a Virtual ID (VID) for future verification instead of your Aadhaar number.

Timing matters here: Aadhaar Act, 2016 – Section 29 works on limitation periods, so a aadhaar leak claim that is right on the merits can still fail if it is brought late. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in cyber law.