Section 33 of The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. View Chapter 6

Disclosure of information in certain cases.


   (1)  Nothing contained in sub-section (2) or sub-section (5) of section 28 or sub-section (2) of section 29 shall apply in respect of any disclosure of information, including identity information or authentication records, made pursuant to an order of a court not inferior to that of a 1[Judge of a High Court]:

   Provided that no order by the court under this sub-section shall be made without giving an opportunity of hearing to the Authority 2[and the concerned Aadhaar number holder].

   2[Provided further that the core biometric information shall not be disclosed under this sub-section.]

   (2)  Nothing contained in sub-section (2) or sub-section (5) of section 28 and clause (b) of sub-section (1), sub-section (2) or sub-section (3) of section 29 shall apply in respect of any disclosure of information, including identity information or authentication records, made in the interest of national security in pursuance of a direction of an officer not below the rank of 3[Secretary] to the Government of India specially authorised in this behalf by an order of the Central Government:

   Provided that every direction issued under this sub-section, shall be reviewed by an Oversight Committee consisting of the Cabinet Secretary and the Secretaries to the Government of India in the Department of Legal Affairs and the Department of Electronics and Information Technology, before it takes effect:

   Provided further that any direction issued under this sub-section shall be valid for a period of three months from the date of its issue, which may be extended for a further period of three months after the review by the Oversight Committee.

1Subs. by s. 14, ibid., for “District Judge” (w.e.f. 25-7-2019).

2Ins. by s. 14, ibid. (w.e.f. 25-7-2019)..

3Subs. by Act 14 of 2019, s. 14, for "Joint Secretary" (w.e.f. 25-7-2019).