PIL Before Delhi HC Accusing Google Pay of Unauthorized Access to Aadhar Data

Financial economist files PIL against Google Pay claiming unauthorised access of Aadhar Data

A financial economist, Abhijit Mishra, has filed a public interest litigation before the High Court of Delhi alleging unauthorized access, usage and storage of the Aadhaar data by Google Pay. 

The petition was listed before the vacation bench of Justices Vibhu Bakhru and Prateek Jalan on December 31, 2020. 

The petitioner states that Google Pay has clearly mentioned that it would collect, store and share the Aadhar data off its growing user base in its terms and conditions. It has been alleged that Google Pay has not obtained the requisite permission from the Unique Identification Authority of India or any other authority in this regard.

It was further asserted that the action of the company is unconstitutional. The petition also mentions that such data access and usage violates the provisions of the following three Acts.

  • Banking Regulations Act 1949, 
  • Aadhaar Act 2016 
  • Payments and Settlement Systems Act 2007.

Google Pay not licensed under  the Payments and Settlement Systems Act 2007

The petition also alleges that necessary registration under the Payment and Settlement Systems Act 2007 has not been obtained. Getting itself registered is a prior legal requirement for running the business of online payment system.

Petition seeks RBI’s intervention to prevent unauthorised access

The petitioner seeks the Unique Identification Authority of India to initiate actions against Google Pay under the applicable provisions of the Aadhaar Act 2016 for unauthorised collection, storage and usage of data. The petitioner also requested RBI’s intervention to prevent unauthorised access to data.

The next hearing in this matter is slated on January 14.

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Akanksha

Guest Author Born with a million-dollar dream to serve the society, Akanksha is pursuing her career in legal studies and currently, she is a 2nd year BA.LLB student from Narsee Monjee Institute of management studies, NMIMS, School of law. A solitary historical traveller by hobby, she has developed a keen interest in content writing from a very early stage of legal education. Akanksha has written a few articles and research paper that pertains to a different field of law and exhibits her art of writing.

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