A public interest litigation (PIL) has been filed by Abhijit Mishra, a financial economist before a vacation bench of Justices Vibhu Bakhru and Prateek Jalan of the Delhi High Court alleging unauthorized access, usage and storage of the Aadhaar data by Google Pay.
Contentions in the PIL
The petitioner claims violation of Article 21 of the Constitution of India, Aadhaar Act 2016, Payments and Settlement Systems Act 2007 and Banking Regulations Act 1949 as Google Pay in its terms and conditions has explicitly mentioned that it would collect, store and share the bank account and Aadhaar details of users when it has no permission from Unique Identification Authority of India or any other authority to do so.
The petitioner has added in a separated pending plea that Google Pay is not registered / licensed under the aegis of the Payments and Settlement Systems Act 2007 to conduct the business of payments and transactions and is also not registered/licensed as a Bank/Co-Operative Bank/Financial Institution/Non-Banking Finance Company under the aegis of the Banking Regulations Act 1949 to conduct the business of payments and processing the transactions.
The petitioner has sought a direction to the Unique Identification Authority of India to initiate action against Google Pay under Sections 23A, 28, 29, 38 and 43 of the Aadhaar Act 2016 for unauthorised collection, storage and usage of Aadhaar information of the citizens.
Petitioner prayed that Unique Identification Authority of India and Reserve Bank of India to be directed to prevent such unauthorized access.
The matter would be heard on January 14.