RTI Desk - RTI-008

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RTI 008 - Directions on KYC, Payments Systems after Aadhaar Verdict


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RTI ID RBIND/R/2018/55078
Date of Filing 16/10/2018
PIO Reserve Bank of India
Subject Directions on KYC, Payments Systems after Aadhaar Verdict
Query Further to the Aadhaar judgement by the Supreme Court constitutional bench Please provide information on updates to rules, regulations made by RBI on the following aspects

1. Whether RBI endorses use of Aadhaar authentication / eKYC by private banks, if so under what law / regulation, if not, whether it has issued directions / updates to Master circular on KYC and notices to entities RBI regulates.

2. Whether RBI endorses use of Aadhaar eSign for the purpose of Recurring e-Mandates. If so, under what law / regulation, if not, whether it has issued directions to banks / settlement operators / directions under Payments and Settlements Act about use of Aadhaar eSign in recurring payments.

3. Whether RBI endorses use of Aadhaar enabled Payment System for the purpose of authorization for a payment transaction, if so under what law / regulation, if not, whether it has issued directions to banks / settlement operators / directions under Payments and Settlements Act about use of Aadhaar authentication in Micro ATMs.
Response 1. What is sought is an opinion to be formulated, which is not an ‘information’ as defined under section 2(f) of RTI Act, 2005.
However , please be guided by our instructions stipulated in Master Direction on KYC dated on Feb 25, 2016, as amended on July 12, 2018 which is available on our website under the link ‘Notifications’.
The revised Master Directions is in accordance with the changes carried out in PML Rules vide Gazette Notification GSR 538 (E) dated June 1, 2017 and thereafter and is subject to the judgement of the Hon’ble Supreme Court in the case of Justice K.S. Puttaswamy (Retd) & Anr. Vs Union of India W.P. (Civil) 4942012 etc (Aadhaar cases) delivered on September 26, 2018.

2. What is sought is an opinion to be formulated, which is not an ‘information’ as defined under section 2(f) of RTI Act, 2005.
However, we have not issued any specific instructions in this regard.

3. What is sought is an opinion to be formulated, which is not an ‘information’ as defined under section 2(f) of RTI Act, 2005.
However, RBI has granted approval to NPCI to operate Aadhaar Enabled Payment System (AEPS) and Aadhaar Payments Bridge System (APBS) under the provisions of Payment and Settlements Act, 2007.
Date of Response 16/11/2018
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