Section 30. Biometric information deemed to be sensitive personal information
The biometric information collected and stored in electronic form, in accordance with this Act and regulations made thereunder, shall be deemed to be "electronic record" and "sensitive personal data or information", and the provisions contained in the Information Technology Act, 2000 (21 of 2000) and the rules made thereunder shall apply to such information, in addition to, and to the extent not in derogation of the provisions of this Act.
Explanation. — For the purposes of this section, the expressions—
(a) "electronic form" shall have the same meaning as assigned to it in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);
(b) "electronic record" shall have the same meaning as assigned to it in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);
(c) "sensitive personal data or information" shall have the same meaning as assigned to it in clause (iii) of the Explanation to section 43A of the Information Technology Act, 2000 (21 of 2000).
Judgements applying section 30
d.p. In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 6626 of 2024 Manisha Sarkar -versus Union of India & Ors. Mr. Uday Sarkar Chattopadhyay, Mr. Pronay Basak. …For the Petitioner. Mr. Kumar Jyoti Tiwari,
WithdrawnOpenThe Supreme Court held that the right to privacy is a fundamental right integral to Article 21. The Court ruled that the Aadhaar Act was unconstitutionally certified as a Money Bill and strikes down parts of the Act for violating privacy and proportionality.
DisposedOpen- DisposedOpen