Can custody prevent unauthorized use of the child’s Aadhaar or PAN?

In today’s digital age, a child’s personal details, such as their Aadhaar number or PAN card, can be highly sensitive and vulnerable to misuse. These identifiers are often required for financial services, government schemes, and other formalities. However, they also present a significant risk if accessed or used by unauthorized individuals. Custody arrangements may need to consider measures to prevent the unauthorized use of a child’s Aadhaar or PAN card, ensuring that these details are protected from fraudulent activities or potential identity theft.

Parents, as guardians of their child's privacy and security, have a responsibility to protect sensitive information. A custody agreement that addresses the unauthorized use of these identifiers can help safeguard the child’s identity and future financial security. It is crucial for both parents to collaborate on securing these personal details, limiting access, and ensuring that any use of these identifiers is legitimate and in the best interests of the child.

Guidelines for Preventing Unauthorized Use of Aadhaar and PAN in Custody Agreements

Legal Framework and Responsibility of Parents

• Understanding the Risks: Parents should be aware of the potential risks associated with their child’s Aadhaar and PAN details being misused. These can include identity theft, fraudulent financial activities, and unauthorized use for government applications. Given the increasing prevalence of online fraud, it is vital that parents take proactive steps to secure their child’s information.
• Parental Responsibility: The custody agreement can define clear parental responsibilities regarding the protection of these details. Both parents may agree to share the responsibility of safeguarding sensitive information by keeping physical and digital copies secure and monitoring the use of Aadhaar and PAN for any unauthorized access or activities.

Access Control and Use of Aadhaar and PAN

• Restricting Access: Custody arrangements can include provisions that limit access to the child’s Aadhaar and PAN numbers to only essential situations. For example, parents may agree that neither will use the child’s Aadhaar or PAN without prior consent from the other, except for legitimate reasons such as school registration, government services, or opening a minor’s bank account.
• Monitoring Usage: Both parents should be vigilant in monitoring the usage of their child's Aadhaar and PAN. This includes checking for any unauthorized applications or registrations that may have been made using these details. The parents could agree to periodically check their child’s financial and personal records to ensure that the details are not being misused.

Secure Storage and Access Management

• Physical Security: The parents can agree to store the child’s Aadhaar and PAN details in a secure location, such as a safe or encrypted digital file storage, where only authorized individuals can access it.
• Digital Security: Parents should use strong passwords and two-factor authentication (2FA) for any digital records containing the child's personal details. Avoid storing these details in unsecured locations such as emails or public cloud services.
• Clear Communication: The custody agreement can include a clause requiring parents to communicate any use or sharing of the child’s Aadhaar or PAN details with the other parent beforehand. This helps ensure transparency and accountability.

Limiting Use of Aadhaar and PAN

• Authorized Use Only: Custody agreements can state that the child’s Aadhaar or PAN details can only be used for specific and legitimate purposes, such as health insurance, educational registration, or applying for government benefits. The use of these details for financial activities, like credit card applications or loans, should be strictly prohibited unless both parents agree.
• Immediate Reporting of Misuse: Both parents should agree to promptly report any suspected misuse or unauthorized access of the child’s Aadhaar or PAN details to the authorities, such as the police or the respective issuing authority (e.g., UIDAI for Aadhaar, the Income Tax Department for PAN). The parents should also take immediate action to freeze or block the child’s details if they suspect any misuse.

Parental Consent for Applications

• Joint Consent: In custody agreements, parents can include a provision that both must give joint consent before using the child’s Aadhaar or PAN for applications, government registrations, or financial purposes. This can prevent either parent from unilaterally using these details without the other’s knowledge.
• Preventing Third-Party Access: The agreement can also specify that the child’s personal details should not be shared with third parties without prior parental consent, except in cases where it is legally required (e.g., government registrations or authorized financial services).

Legal Considerations for Preventing Unauthorized Use of Aadhaar and PAN

Aadhaar and PAN Laws

• Aadhaar Protection: The Aadhaar Act and guidelines set out by UIDAI include strict protocols for the use and storage of Aadhaar details. Parents should familiarize themselves with these regulations and ensure that the child’s Aadhaar details are used only in compliance with the law.
• PAN Card Protection: The Income Tax Department regulates the use of PAN cards and mandates that these details should not be used for any purposes other than those permitted by law. Unauthorized use of PAN details can lead to legal repercussions, including penalties for fraudulent activities.
• Child Protection Laws: Laws related to child protection and privacy, such as the Information Technology Act and the Juvenile Justice Act, emphasize the protection of minors’ personal information. Custody agreements can reflect these legal principles, ensuring the child’s information is used only in ways that align with both legal standards and the child’s best interests.

Potential for Identity Theft

• Risks of Identity Theft: Misuse of Aadhaar or PAN can lead to identity theft, where fraudulent entities could use the child’s details to apply for loans, credit cards, or open bank accounts in their name. This can have long-term consequences on the child’s financial record and creditworthiness.
• Preventive Measures: Custody agreements should consider provisions for regular monitoring of the child’s credit score (if applicable) and financial accounts to detect any suspicious activity early on. Additionally, parents can work together to place fraud alerts with the relevant authorities to prevent unauthorized use of the child’s identity.

Example

Suppose a 10-year-old child in a shared custody arrangement has their Aadhaar and PAN details stored in both parents' households for legitimate purposes like school enrollment or health insurance.

Steps the parents should take:

• Physical and Digital Security: Both parents agree to keep the child's Aadhaar and PAN documents in a locked safe at their homes. For digital records, both parents use encrypted storage services with strong passwords and 2FA.
• Limiting Use: The parents agree that the child’s Aadhaar and PAN will only be used for necessary educational and health purposes, such as applying for government scholarships or health insurance. Any use for financial purposes requires prior approval from both parents.
• Monitoring and Reporting: The parents periodically check with the relevant authorities or online portals to ensure that the child’s Aadhaar and PAN have not been used fraudulently. If any suspicious activity is discovered, they immediately report it to UIDAI, the Income Tax Department, or the police.
• Joint Consent for Applications: The parents agree that they will both give consent before using the child’s Aadhaar or PAN for any third-party applications, such as for a bank account or a credit card, to ensure the child’s details are not misused.

By including provisions to prevent unauthorized use of Aadhaar or PAN details in a custody agreement, parents can safeguard the child’s identity and protect them from potential financial fraud or identity theft. These steps are essential to ensuring the child's privacy and long-term security.