App for one season: on Centre's directive to use Arogya Setu
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 and private, who are allowed to work during the lockdown, will have to download the app, which also cautions against not keeping the phone’s location and Bluetooth on. Israel’s Supreme Court recently struck down emergency powers given to the country’s intelligence agency to trace the phone location of COVID-19 patients without enabling legislation. While the intention behind the app’s introduction may be good — as it is a given that the government is keen on doing everything possible to keep a watch on the spread of the virus so that the lockdown, as well as relaxations given to zones based on colour-coding, are effective — it would be well-advised to heed privacy concerns raised by the Opposition, allay fears that it may become a permanent mass surveillance instrument and ensure that there is sufficient anonymising of data and its limited access.
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