The Kerala High Court on Wednesday expressed a prima facie view that Aadhaar details should not be made mandatory for registration on the Digi Yatra platform, if a passenger can establish their identity through any other valid government issued identity proof, Live Law reported.
The observation was made by a Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M, while hearing a Public interest Litigation (PIL) challenging aspects of Digi Yatra'a data collection and privacy framework.
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Appearing for the Airport Authority of India (AAI), Additional Solicitor General of India (ASGI) submitted that Digi Yatra is a voluntary facility and that passengers are not compelled to use the platform. The ASGI informed the court that biometric and identity-related details remain only with Digi Yatra and are deleted after the passenger's journey is completed, Live Law reported.
The Bench then questioned why Aadhaar should be insisted upon for registration when Digi Yatra itself is a voluntary facility.
"But if I go and buy a ticket from the counter, I don't need Aadhar...That cannot be a reason. If I am not required to disclose my Aadhar for buying an ordinary ticket or buying an air ticket, just because it is only a technology...The same kind of identity is required to disclose the...Why Aadhar card is compulsory?" the Court asked.
Responding to the court's query, the ASGI said that the Aadhaar is currently used only to verify the identity of passengers who voluntarily opt to register for Digi Yatra. The Bench then sought a response from Digi Yatra on whether passengers can register using identity documents other than the Aadhaar.
The PIL was filed by advocate and social activist C.R. Neelakandan, who raised concerns over the collection, storage, processing and sharing of passengers' personal and biometric data through Digi Yatra. The petitioner has sought directions to the Union Ministry of Civil Aviation, the Airports Authority of India (AAI) and the Ministry of Electronics and Information Technology (MeitY) to ensure compliance with the Digital Personal Data Protection Act, 2023, Live Law reported.
The petition has also sought interim directions restraining airport operators and associated entities from sharing or commercially exploiting passengers' personal data without proper authorisation.
After hearing the submissions, the Kerala High Court adjourned the matter to enable the Digi Yatra Foundation to clarify its stand on the Aadhaar requirement and related issues.
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