Covid-19: Aarogya Setu needs legislative backing
4 years, 7 months ago

Covid-19: Aarogya Setu needs legislative backing

Hindustan Times  

The government’s decision to make the coronavirus tracking application, Aarogya Setu, mandatory in many spheres of life brings constitutional challenges such as the right to privacy of citizens. In 1996, in PUCL Vs Union of India, the Court formulated guidelines imposing substantive and procedural restraints, while holding that the right to privacy includes informational privacy and confidentiality. In the absence of any anchoring legislation, the government’s decision to make the app mandatory lacks legislative competence, besides failing the test of proportionality. As the app is mandatory, it could, in essence, allow the government to use it as a surveillance tool – to keep track of social contacts and whereabouts of any user – which would be a clear violation of citizens’ right to privacy.

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History of this topic

Personal Data Protection Bill: Govt Committed to Protecting Privacy of Individuals, Says IT Min
3 years, 1 month ago

Personal Data Protection Bill: Govt Committed to Protecting Privacy of Individuals, Says IT Min

News 18  

The government is fully committed to protecting the privacy of individuals and the data protection bill will further strengthen the legal framework around privacy, IT Minister Ashwini Vaishnaw said on Tuesday. The data protection bill will further strengthen that legal framework,” Vaishnaw said while speaking at an event to inaugurate the three-day workshop ‘Aadhaar 2.0’. The minister, however, did not …

Pegasus issue | Governments need to hold NSO accountable: WhatsApp CEO
3 years, 5 months ago

Pegasus issue | Governments need to hold NSO accountable: WhatsApp CEO

The Hindu  

Following revelations that NSO Group’s ‘Pegasus’ software may have been used to snoop on journalists, politicians and activists worldwide, including holders of 300 Indian phone numbers, WhatsApp CEO Will Cathcart has called on governments and companies to take steps to hold the Israeli technology firm accountable. The Modi government’s response had not categorically denied that it engaged the services of …

Fine-tuning the State-of-the-app technology
3 years, 11 months ago

Fine-tuning the State-of-the-app technology

The Hindu  

On January 13 this year, subscribers of English newspapers in India woke up to full-page Platforms and COVID-19 The issue of privacy is crucial for government technology platforms and services as governments typically have a monopoly in providing public services, unlike the private sector. An assessment of the 35 mobile applications revealed that 17 mobile apps provide information on COVID-19 …

Karnataka HC declines to stay use of Aarogya Setu app
3 years, 11 months ago

Karnataka HC declines to stay use of Aarogya Setu app

The Hindu  

The High Court of Karnataka on Monday declined to stay the Aarogya Setu app or use of data of the users already collected through the app while prima facie holding that there is “informed consent of the users” through the privacy policy” of the app. However, the Court restrained the Central government and the National Informatics Centre from sharing the …

'No Informed Consent' : Karnataka High Court Restrains Centre & NIC From Sharing Response Data Of Persons Collected Through 'Aarogya Setu'
3 years, 11 months ago

'No Informed Consent' : Karnataka High Court Restrains Centre & NIC From Sharing Response Data Of Persons Collected Through 'Aarogya Setu'

Live Law  

The Karnataka High Court on Monday passed an interim order to restrain the Central Government and the National Informatics Centre from sharing the response data given by an individual in the 'Aarogya Setu' app with other government departments and agencies, without obtaining informed consent of the users.A division. The Karnataka High Court on Monday passed an interim order to restrain …

Ministry has no information on who created Aarogya Setu, RTI body issues showcause notice
4 years, 2 months ago

Ministry has no information on who created Aarogya Setu, RTI body issues showcause notice

Hindustan Times  

The National Informatics Centre, which designs government websites, has said that it has no information about who has created the Aarogya Setu app and how it has been created. The Chief Information Commission has pulled up the NIC, which comes under the ministry of electronics, and issued a showcause notice to various chief public information officers asking them to provide …

Citizens Without Aarogya Setu App Cannot Be Denied Public Services, Observes Karnataka HC
4 years, 2 months ago

Citizens Without Aarogya Setu App Cannot Be Denied Public Services, Observes Karnataka HC

News 18  

The Karnataka High Court on Monday observed that neither governments nor private entities could deny citizens any services if they are unable to produce the Aarogya Setu app on their mobile devices. A bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi was hearing a petition filed by Anivar A Aravind challenging the mandatory use of Aarogya Setu …

Downloading Of Aarogya Setu App Not Mandatory For Domestic Flight Passengers; Only Optional: Kerala HC Records Statement Of AAI [Read Order]
4 years, 4 months ago

Downloading Of Aarogya Setu App Not Mandatory For Domestic Flight Passengers; Only Optional: Kerala HC Records Statement Of AAI [Read Order]

Live Law  

The High Court of Kerala has recorded the submission made on behalf of the Airport Authority of India that the downloading of the Aarogya Setup app is not a mandatory requirement of domestic flight passengers and is only optional.A single bench of Justice Anu Sivaraman was considering a writ petition filed by one Jackson Mathew challenging the Standard Operating Procedure …

'Aarogya Setu App Does Not Detect COVID-19 & Is Meant For Intensive Surveillance', Says Plea In Bombay HC [Read Petition]
4 years, 5 months ago

'Aarogya Setu App Does Not Detect COVID-19 & Is Meant For Intensive Surveillance', Says Plea In Bombay HC [Read Petition]

Live Law  

Activist Sudeep Dalvi has moved the Bombay High Court against an order of the Deputy Collector, Margao-Goa, mandating the usage of Aarogya Setu App for entering the premises of the Collectorate building. The Petitioner, through Advocates Shashwat Anand, Shrinivas R. Khalap and Chintan Nirala, has contended that usage of the Aarogya Setu App is not backed or mandated by any …

Government climbs down on Aarogya Setu by removing mandatory provision
4 years, 7 months ago

Government climbs down on Aarogya Setu by removing mandatory provision

Live Mint  

As the government plans to ease out lockdown restrictions from Monday, it climbed down on Aarogya Setu mobile application by removing the mandatory provision for the app’s download as earlier. Ministry of Home Affairs in its guidelines issued on Saturday about phase wise opening of lockdown said that the Aarogya Setu mobile application enables early identification of risk of infection, …

Aarogya Setu app is now open source: what does it mean?
4 years, 7 months ago

Aarogya Setu app is now open source: what does it mean?

The Hindu  

Aarogya Setu, India’s coronavirus contact-tracing and self-assessment app is now open source. Health Ministry launches Aarogya Setu IVRS facility for those without smartphones The Aarogya Setu app is used on Android phones by 98% of the registered users, and the source code for the Android app is currently available on GitHub, a collaboration platform for software developers, where code can …

Kerala HC Seeks Statement From Centre On Data Privacy Safeguards Of 'Aarogya Setu' App
4 years, 7 months ago

Kerala HC Seeks Statement From Centre On Data Privacy Safeguards Of 'Aarogya Setu' App

Live Law  

The High Court of Kerala on Tuesday sought a statement from the Central Government on the data privacy safeguards of the 'Aarogya Setu', the contact tracing app developed by the National Informatics Centre amid the COVID-19 pandemic.The Court asked whether the Central Government can guarantee that the information collected by the Aarogya Setu app would not be misused.A bench comprising. …

Surveillance system or Covid-19 tracker? Coronavirus tracing Aarogya Setu app raises privacy concerns in India
4 years, 8 months ago

Surveillance system or Covid-19 tracker? Coronavirus tracing Aarogya Setu app raises privacy concerns in India

Hindustan Times  

As India enters an extended coronavirus lockdown, the government is actively pursuing contact tracing to help control infections. In this Thursday, May 7, 2020 photo, an Indian man uses Aarogya Setu app on his mobile phone in New Delhi, India. In April, India launched the Aarogya Setu app, which helps people identify whether they have been near someone who tested …

With COVID-19 tracing apps comes privacy tradeoffs: Here's why you should be worried
4 years, 8 months ago

With COVID-19 tracing apps comes privacy tradeoffs: Here's why you should be worried

India TV News  

As governments around the world consider how to monitor new coronavirus outbreaks while reopening their societies, many are starting to bet on smartphone apps to help stanch the pandemic. “Governments and public health want to be able to track people” to minimize the spread of COVID-19, but people are less likely to download a voluntary app if it is intrusive, …

Aarogya Setu: Phones without app will draw punishment for users in Noida, Greater Noida
4 years, 8 months ago

Aarogya Setu: Phones without app will draw punishment for users in Noida, Greater Noida

Live Mint  

The Covid-19 tracker—'Aarogya Setu' app—is now mandatory for all smartphone users in Noida and Greater Noida. The app has been made mandatory for government employees and private employees in the country and now Noida Police has issued an order that asks all residents to download Aarogya Setu on their smartphones. Not having the 'Aarogya Setu' app on smartphones while out …

Here come COVID-19 tracing apps - and privacy trade-offs
4 years, 8 months ago

Here come COVID-19 tracing apps - and privacy trade-offs

Associated Press  

As governments around the world consider how to monitor new coronavirus outbreaks while reopening their societies, many are starting to bet on smartphone apps to help stanch the pandemic. “Governments and public health want to be able to track people” to minimize the spread of COVID-19, but people are less likely to download a voluntary app if it is intrusive, …

App for one season: on Centre's directive to use Arogya Setu
4 years, 8 months ago

App for one season: on Centre's directive to use Arogya Setu

The Hindu  

The Centre’s national directive for the mandatory use of its contact tracing app, Aarogya Setu, as part of its COVID-19 combat measures, falls short of established legal standards for the protection of privacy. Going by the directive issued under the Disaster Management Act, all people residing in ‘containment zones’, all government and public sector staff and all employees, both public …

Sensitive nature of data validates privacy concerns over Centre's Aarogya Setu app; legislation with 'sunset clause' can curb potential misuse
4 years, 8 months ago

Sensitive nature of data validates privacy concerns over Centre's Aarogya Setu app; legislation with 'sunset clause' can curb potential misuse

Firstpost  

The Aarogya Setu app generates a unique ID for each user and it keeps a track of all other IDs coming in contact with it and the GPS location and time of said contact. The app generates a unique ID for each user and it keeps track of all other IDs coming in contact with it and the GPS location …

Legal Flaws On The Mandatory Imposition Of Aarogya Setu App
4 years, 8 months ago

Legal Flaws On The Mandatory Imposition Of Aarogya Setu App

Live Law  

The extension of the "nationwide lockdown" by another two weeks has brought with it a slew of further directions under the National Disaster Management Act. In this post, however, I want to briefly consider Guideline 15 of Annexure 1, which mandates the use of the government's contact tracing app – Aarogya Setu – for all private and public employees, and …

‘Privacy minefield’: India COVID-19 app raises surveillance fears
4 years, 8 months ago

‘Privacy minefield’: India COVID-19 app raises surveillance fears

Al Jazeera  

Experts raise privacy concerns over government’s Aarogya Setu app, now mandatory for public and private sector workers. Indian authorities have made a contact-tracing mobile app mandatory for all public and private sector employees, raising concerns among digital rights experts about privacy and increased surveillance. “Use of Aarogya Setu app shall be made mandatory for all employees, both private and public,” …

Aarogya Setu app and data privacy: Why the outrage is misplaced
4 years, 8 months ago

Aarogya Setu app and data privacy: Why the outrage is misplaced

Op India  

The word Privacy basically means “freedom from unauthorized intrusion”, therefore when something is felt to be private by a person it means there are sensitivities involved and constitutes privacy. As a society, we tend to often get confused when on one side there are people fighting tooth and nail on privacy with government and on the other side we see …

All Central govt. officials to use Aarogya Setu app
4 years, 8 months ago

All Central govt. officials to use Aarogya Setu app

The Hindu  

All Central government officials, including the outsourced workforce, have been directed to immediately download the Aarogya Setu App on their mobile phones. The officials, through an office memorandum on Wednesday, have been told by the Department of Personnel and Training to review their status on the app before starting for office and commute only when it shows their status as …

Decision on coronavirus app to take more time; Privacy still a concern
4 years, 8 months ago

Decision on coronavirus app to take more time; Privacy still a concern

NL Times  

It will be a while yet before the government decides which of seven apps demonstrated at a so-called "appathon" over the weekend will be used to track who coronavirus patients had contact with. Each of the app designs presented on Saturday and Sunday still have flaws that first need to be worked out, Ministry of Public Health official Erik Gerritsen …

FAQ: Is it Mandatory to Download the Govt’s Aarogya Setu App?
4 years, 8 months ago

FAQ: Is it Mandatory to Download the Govt’s Aarogya Setu App?

The Quint  

This is a difficult question to answer. The Disaster Management Act 2005 and the Epidemic Diseases Act 1897 both give very wide powers to the Central and state governments, which could potentially include making downloading the app mandatory for everyone. However, as advocate Prasanna S points out, “If the state makes an app like this available for public download and …

MPs call for committee to study plans for corona tracking app
4 years, 8 months ago

MPs call for committee to study plans for corona tracking app

Dutch News  

MPs have called for a committee to investigate plans to track and trace people infected with coronavirus via an app to tackle concerns about privacy. Parties including the PVV, Labour, animal rights party PvdD and Forum voor Democratie have backed plans for a committee hearing, which would take evidence from behavioural scientists and security experts. Health minister Hugo de Jonge …

MPs call for committee to study plans for corona tracking app
4 years, 8 months ago

MPs call for committee to study plans for corona tracking app

Dutch News  

MPs have called for a committee to investigate plans to track and trace people infected with coronavirus via an app to tackle concerns about privacy. Parties including the PVV, Labour, animal rights party PvdD and Forum voor Democratie have backed plans for a committee hearing, which would take evidence from behavioural scientists and security experts. Health minister Hugo de Jonge …

Scientists warn government about speedy coronavirus app plans
4 years, 8 months ago

Scientists warn government about speedy coronavirus app plans

Dutch News  

The government needs to pay close attention to the social and legal impact of using apps to trace the spread of coronavirus, a group of 60 academics and experts say in an open letter to ministers. The cabinet says the use of an app to track and trace coronavirus patients will enable social distancing rules to be relaxed, while keeping …

Scientists warn government about speedy coronavirus app plans
4 years, 8 months ago

Scientists warn government about speedy coronavirus app plans

Dutch News  

The government needs to pay close attention to the social and legal impact of using apps to trace the spread of coronavirus, a group of 60 academics and experts say in an open letter to ministers. The cabinet says the use of an app to track and trace coronavirus patients will enable social distancing rules to be relaxed, while keeping …

Opinion | The privacy features that are built into Aarogya Setu
4 years, 9 months ago

Opinion | The privacy features that are built into Aarogya Setu

Live Mint  

The biggest challenge in dealing with covid-19 is that infected people are contagious long before they are visibly symptomatic. Last week, the Indian government launched an app called Aarogya Setu to try and use data science to solve this problem. Over the past two weeks, I have been advising the government on how best to design Aarogya Setu so that …

Privacy In Times Of Corona : Problems With Publication Of Personal Data Of Covid-19 Victims
4 years, 9 months ago

Privacy In Times Of Corona : Problems With Publication Of Personal Data Of Covid-19 Victims

Live Law  

These are unprecedented times for independent India, where a public healthcare crisis has brought the world down to its knees. This throws up an important question given the State's determination to prevent the community spread of Covid-19 : What happens to 'Privacy' in times of Corona? It has been explained in the Puttaswamy judgments that, "whenever challenge is laid to …

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