E-Paper
Kerala HC seeks govt’s response to plea against Aarogya Setu app
New Delhi: The Kerala high court on Friday sought the response of the Union government in a plea challenging its May 1 directive to make the mobile application Aarogya
New Delhi: The Kerala high court on Friday sought the response of the Union government in a plea challenging its May 1 directive to make the mobile application Aarogya Setu mandatory for all persons working in government and private companies.
The bench headed by justice Shaji P Chaly, however, did not stay the directive while asking the Centre to file its response by May 12.
The petitioner John Daniel, who is the general secretary of the Thrissur District Congress Committee, on Thursday challenged the government’s mandate to use Aarogya Setu -- a key tool in the Union government’s bid to contain the spread of Covid-19 -- alleging that it violates the privacy and autonomy of an individual.
He submitted that Aarogya setu app collects personal information of an individual without consent, contended that forcible extraction of personal information is unheard of in a democratic country, and called it an attribute of a dictatorial system.
He also argued that Centre’s directive asked the state governments to proceed under Section 188 of Indian Penal Code (IPC) against anyone who does not install the app. Section 188 of the IPC states that any person who disobeys an order given by a public servant can be punished with imprisonment up to six months.
“If a particular citizens disapproves the use of the same, it could be said that the information was forcibly and coercively taken from him without his consent and by inflicting fear of penal consequences. Such coercive and forcible extraction of personal information from an individual is unheard of in a democratic and republic setup and it is attribute of a dictatorial system”, the petition said.
The central government launched Aarogya Setu on April 2 to disseminate information regarding Covid-19, and to collect data from individuals. It is a tracking mobile application which uses the smartphone’s GPS and Bluetooth features to track the coronavirus infection. It determines whether or not an individual has been within six feet of a Covid-19 – infected person by scanning through a database of known cases across India.
On April 29, the app was made mandatory for all central government employees. On May 1, it was extended to all employees in private and public institutions.
The petitioner’s contention is that the app continuously collects data of an individual once it is installed on the mobile phone. By forcing people to download the app, there is no question of consent in providing personal information, the petitioner argued.
Privacy and autonomy are facets of right to life under Article 21 as per the landmark 2017 Supreme Court judgment in KS Puttaswamy matter (nine-judge bench), the petitioner submitted.
“He (an individual) is forced to give away data to a system which he may or may not approve of, thereby attacking his right of informational autonomy,” the petition said.
A French computer researcher -- who goes by the nom de guerre Elliot Alderson -- on Tuesday posted on social media a technical analysis of the alleged flaws of Aayogya Setu on Wednesday, saying the application has vulnerabilities that could compromise the identity and movement of the millions of Indians who use it.
The Union government, which dismissed the contention, maintains said the platform is “absolutely robust, safe and secure”. Union minister Ravi Shankar Prasad earlier this week said it was “a perfectly accountable platform to help in the fight against Covid-19”.
