Plea in Kerala HC against Centre’s directive on Arogya Setu app
4 years, 8 months ago

Plea in Kerala HC against Centre’s directive on Arogya Setu app

The Hindu  

A Division Bench of the Kerala High Court on Friday asked the Centre government to respond to a writ petition challenging the Centre’s directive to make the use of Aarogya Setu app mandatory for all employees, including those in the private sector. In his petition, John Daniel, General Secretary, Thrissur District Congress Committee, points out that the app is a tracking mobile application, which uses the smart phones thorough GPS and Bluetooth features to track the coronavirus infected persons. The directives was issued by the Centre as part of the National Directives for COVID-19 management.The directives said that it shall be the responsibility of the head of the respective organisations to ensure “100% use of the app among all employees.” The petitioner pointed out that the Centre's directive had violated fundamental rights of the citizen. The Centre's guidelines also had also made it clear that prosecution would be launched against those employers who did not comply with the directive, as per section 58 of the Disaster Management Act 2005.

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History of this topic

RTI On Aarogya Setu: Delhi High Court Asks Centre If Communications For App Development Were Only "Oral"
1 year, 3 months ago

RTI On Aarogya Setu: Delhi High Court Asks Centre If Communications For App Development Were Only "Oral"

Live Law  

The Delhi High Court has directed the Union Government to file an affidavit specifying if there are any file notings or written communications between the stakeholders in the creation of Aarogya Setu app or if the same happened orally via video conferencing. While hearing a plea seeking various information about Aarogya Setu under the Right to Information Act, Justice Subramonium …

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 …

Delhi High Court Seeks Centre's Response On Plea Regarding Denial Of Information On Creation Of Aarogya Setu
3 years, 11 months ago

Delhi High Court Seeks Centre's Response On Plea Regarding Denial Of Information On Creation Of Aarogya Setu

Live Law  

The Delhi High Court on Tuesday issued notice to the Public Information Officers of the Ministry of Electronics & Information Technology, and its National E-Governance Division asking them to explain whether information sought by an RTI applicant on the creation of the Aarogya Setu app is available in the public domain. The court was hearing a plea filed by RTI …

Aarogya Setu : Karnataka High Court Reserves Order On Plea To Restrain Authorities From Denying Services For Not Installing App
4 years ago

Aarogya Setu : Karnataka High Court Reserves Order On Plea To Restrain Authorities From Denying Services For Not Installing App

Live Law  

The Karnataka High Court on Thursday reserved its order in the petition filed by Anivar Aravind who has sought directions to the authorities not to deny any service to citizens for not installing the 'Aarogya Setu' application. Additional Solicitor General appearing for the Central government said the implementation of Aarogya Setu application is supported by law and it is one …

Plea Moved In Bombay High Court Challenging The De-facto Imposition Of 'Aarogya Setu' In Passport Office, Mumbai
4 years ago

Plea Moved In Bombay High Court Challenging The De-facto Imposition Of 'Aarogya Setu' In Passport Office, Mumbai

Live Law  

A petition has been moved in the Bombay High Court, challenging the de-facto imposition of Aarogya Setu by officials of Passport Seva Kendra, Mumbai. The directive in the guidelines issued on Sunday, May 17, had stated, "With a view to ensuring safety in offices and workplaces, employers on best effort basis should ensure that Aarogya Setu is installed by employees …

Karnataka High Court Seeks Details About Functioning Of Aargoya Setu App
4 years, 1 month ago

Karnataka High Court Seeks Details About Functioning Of Aargoya Setu App

Live Law  

The Karnataka High Court on Thursday called for technical details about the functioning of the Aarogya Setu application to understand how data is shared of an individual who downloads the application with the Government and other agencies. App does not violate privacy, says Centre The Central government has stated that the implementation of Aarogya Setu application is supported by law …

Aarogya Setu: Govt. cracks down on officials over evasive RTI reply
4 years, 2 months ago

Aarogya Setu: Govt. cracks down on officials over evasive RTI reply

The Hindu  

A day after it was slammed by the Central Information Commission over “preposterous” and “evasive” response to an RTI query related to the Aarogya Setu application, the IT Ministry has issued directions to take action against the officers responsible. The official added that the Ministry has also directed the National Informatics Centre and National E-Governance Division to take suitable action …

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 …

Cannot deny services for not installing Aarogya Setu app: HC
4 years, 2 months ago

Cannot deny services for not installing Aarogya Setu app: HC

The Hindu  

The High Court of Karnataka on Monday clarified that the government or its agencies cannot deny any service or benefit to citizens for not installing the Aarogya Setu app on their mobile phones in the absence of any legislation. It may be noted that the Union government has said that no public authority can refuse any service for not having …

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 …

Are You Using Data Of Individuals Collected Through Aarogya Setu Application? Karnataka HC Asks Central Govt
4 years, 3 months ago

Are You Using Data Of Individuals Collected Through Aarogya Setu Application? Karnataka HC Asks Central Govt

Live Law  

The Karnataka High Court on Tuesday directed the Central Government to make a statement before the court clarifying whether it is using the data of individuals who have voluntarily downloaded the Aarogya Setu Application. The clarification is sought while hearing a petition filed by Anivar A Aravind who has challenged the mandatory use of Aarogya Setu application for accessing public …

Bombay HC At Goa Asks State To File Affidavit Stating That Usage Of Aarogya Setu App No Longer Mandatory For Entering Collectorate Building
4 years, 3 months ago

Bombay HC At Goa Asks State To File Affidavit Stating That Usage Of Aarogya Setu App No Longer Mandatory For Entering Collectorate Building

Live Law  

While hearing a PIL against Deputy Collector, Margao's order making usage of Aarogya Setu App mandatory for entering the Old Collectorate building at Margao, the High Court of Bombay at Goa asked the State government to file an affidavit indicating that usage of the said app is no longer mandatory in light of a statement made by the Advocate General …

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 …

Use Of Arogya Setu Still Mandatory Despite Centre's Submission That It's Voluntary, Petitioner Tells Karnataka HC
4 years, 5 months ago

Use Of Arogya Setu Still Mandatory Despite Centre's Submission That It's Voluntary, Petitioner Tells Karnataka HC

Live Law  

The use and installation of 'Aarogya Setu', the contact tracing app developed by the National Informatics Centre, is still made mandatory despite the clarifications made by the Central Government, submitted Senior Advocate Colin Gonsalves before the High Court of Karnataka.The Court is hearing the petition filed by Anivar Aravind, cyber security activist, raising privacy concerns about. The use and installation …

Karnataka HC Issues Notice On Plea Against Mandatory Condition To Install 'Aarogya Setu' App For Air & Rail Travel
4 years, 7 months ago

Karnataka HC Issues Notice On Plea Against Mandatory Condition To Install 'Aarogya Setu' App For Air & Rail Travel

Live Law  

The Karnataka High Court on Thursday issued notice to the Union Government on a petition challenging the directions making installation and use of 'Aarogya Setu' mandatory for travel by air and rail.The plea filed by cyber security activist Anivar Arvind sought directions to authorities to make the use of the contact tracing app developed by NIC voluntary and not mandatory. …

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 : MHA Dilutes Mandatory Imposition; Says Employers On 'Best Effort Basis' Should Ensure Use Of App By Employees With 'Compatible Mobile Phones'
4 years, 7 months ago

Aarogya Setu : MHA Dilutes Mandatory Imposition; Says Employers On 'Best Effort Basis' Should Ensure Use Of App By Employees With 'Compatible Mobile Phones'

Live Law  

A notable feature of the guidelines issued by the Union Ministry of Home Affairs for the fourth phase of lockdown from May 18 to May 31 is the dilution of the mandatory condition for the use of 'Aarogya Setu', the contact tracing app developed by the National Informatics Centre in the wake of COVID-19 pandemic.The directive in the guidelines issued …

Delhi Court Directs Downloading Aarogya Setu App And Continuously Switched On GPS and Bluetooth As A Mandatory Condition for Bail [Read Order]
4 years, 7 months ago

Delhi Court Directs Downloading Aarogya Setu App And Continuously Switched On GPS and Bluetooth As A Mandatory Condition for Bail [Read Order]

Live Law  

In almost all the matters where the bail was granted today, the Additional Sessions Judge at Patiala House Court directed the prisoners to download the Arogya Setu app and keep their GPS and Bluetooth open as a mandatory bail condition. While putting the downloding of the Arogya Setu app as an unusual mandatory condition, the court did not mention any …

Delhi HC Seeks Center's Response In Plea To De-link Aarogya Setu App From Website Promoting E-Pharmacies
4 years, 7 months ago

Delhi HC Seeks Center's Response In Plea To De-link Aarogya Setu App From Website Promoting E-Pharmacies

Live Law  

The Delhi High Court on Thursday asked the Central Government to respond on a plea filed against linking of the Government mandated Aarogya Setu App with a website for promotion of E-pharmacies. The Petitioner-organization had submitted that the said website promotes and acts as a "marketing tool" for e-pharmacies and the Government Application is being used "arbitrarily", for the benefit …

"It Causes More Concern To Citizens Than Benefit': Justice BN Srikrishna Says 'Mandating The Use Of Arogya Setu App Is "Utterly Illegal"[Watch Video]
4 years, 7 months ago

"It Causes More Concern To Citizens Than Benefit': Justice BN Srikrishna Says 'Mandating The Use Of Arogya Setu App Is "Utterly Illegal"[Watch Video]

Live Law  

Speaking at a webinar organized by Daksh, an advocacy group, on Monday, Former Supreme Court Judge, Justice BN Srikrishna said that mandating the use of Aarogya Setu app "causes more concern to citizens than benefit." Highlighting the three-fold test evolved by the Supreme Court in the Puttaswamy judgment, Justice Srikrishna said, "It is highly objectionable that such an order is …

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. …

Kerala HC Seeks Centre's Response On Plea Challenging Mandatory Imposition Of 'Aargoya Setu' On Employees
4 years, 8 months ago

Kerala HC Seeks Centre's Response On Plea Challenging Mandatory Imposition Of 'Aargoya Setu' On Employees

Live Law  

The High Court of Kerala on Friday sought the response of the Central Government on a writ petition challenging the directives issued by the Centre making the use of 'Aarogya Setu' app mandatory for public and private employees.A division bench comprising Justices Shaji P Chaly and M R Anitha posted the matter on May 12.Though the petitioner sought an interim …

Compelling Employees To Use 'Aarogya Setu' App Violates Right To Privacy : Plea In Kerala HC
4 years, 8 months ago

Compelling Employees To Use 'Aarogya Setu' App Violates Right To Privacy : Plea In Kerala HC

Live Law  

A writ petition has been filed in the High Court of Kerala challenging the directions issued by the Central Government to make the use of 'Aarogya Setu' app mandatory for public and private employees.The petition filed by John Daniel, General Secretary of Thrissur District Congress Committee, contends that such directions violate the right to privacy and personal autonomy.On April 29, …

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 …

Implement Aarogya Setu, but only through law
4 years, 8 months ago

Implement Aarogya Setu, but only through law

The Hindu  

It is only a matter of time before the lockdown starts to ease. The Aarogya Setu app launched by the government is designed to enable users who have come in contact with COVID-19 positive patients to be notified, traced and suitably supported. According to the app’s privacy policy, Aarogya Setu collects the personal data of its users and allows the …

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