My employer is forcing me to link my Aadhaar with my salary account and biometric attendance. Can I refuse on privacy grounds?
PR Asked by Pradeep Naidu from India
Quick Answer
Following the Supreme Court's judgment in Puttaswamy v. Union of India, the right to privacy is a fundamental right under Article 21 of the Constitution.
Detailed Legal Analysis
Following the Supreme Court's judgment in Puttaswamy v. Union of India, the right to privacy is a fundamental right under Article 21 of the Constitution.
The Court struck down Section 57 of the Aadhaar Act, 2016, which means private entities, including private employers, cannot compel you to link Aadhaar for authentication. A government employer can require Aadhaar for salary and attendance under specific notifications, but even then, the purpose limitation and data protection principles under the Aadhaar Act apply.
You can refuse on privacy grounds and raise the issue with the Data Protection Board under the DPDP Act, 2023, for unauthorised processing. If the employer is private, file a complaint with the Unique Identification Authority of India (UIDAI) and the labour department.
You can also approach the High Court under Article 226 if the employer takes any adverse action against you.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.