Published 15:56 IST, May 15th 2020
Another plea filed in Kerala HC over mandatory use of Aarogya Setu app; hearing on May 18
The Kerala HC posted for hearing on May 18 a fresh plea challenging the Centre's decision to make the use of Aarogya Setu app compulsory for all employees.
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On Friday, a Kerala HC bench comprising Justice Anu Sivaraman and Justice MR Anitha posted for hearing on May 18 a fresh petition challenging the Centre's guidelines mandating the compulsory use of Aarogya Setu app for all public and private employees returning to work. Appearing for the petitioner, advocate SK Adhithyan highlighted that the terms and conditions of the app gave no guarantee that it was effecting in tracing a COVID-19 contact. Moreover, he argued that the Centre can change the terms of service anytime and the Aarogya Setu user shall be forced to follow them. However, the bench pointed out that it had already sought a statement from the Union government on those aspects while hearing another petition, whose hearing would take place on May 18.
Earlier on Tuesday, the Kerala HC bench refused to stay the Central government's guidelines while hearing a similar plea. Instead, it sought response from the Centre on how the app could be made mandatory when many people do not have smartphones. Also, the court asked for a report on Aarogya Setu's privacy safeguards.
The Aarogya Setu app
Originally introduced in early April, the contact tracing app has seen 100 million downloads already. Prime Minister Narendra Modi and other Union Ministers have repeatedly encouraged the usage of Aarogya Setu. Basically, the app compiles user location and Bluetooth data to help the individual user and the government trace potential COVID-19 cases. Some experts have raised concerns over the app needing far more data than necessary and the use of GPS-based location data.
But, NITI Aayog has defended the app and clarified that the location data was being used on an aggregated basis. In the new guidelines issued by the Ministry of Home Affairs for the third phase of the lockdown, the head of the organization has been made responsible for ensuring 100% coverage of the app among the employees. Furthermore, the guidelines state that all residents living in a containment zone must download the app.
The Centre on Tuesday, May 12, issued a set of guidelines for processing of data collected through the Aarogya Setu app that prohibits the storage of data for more than 6 months and specifies jail term for the violation of rules. The app permits collection of only demographic, contact, self-assessment and location data of persons infected by COVID-19 or those who come in contact with the infected person. Moreover, a toll-free number '1921' has been released for those who do not have smartphones.
(With ANI inputs)
15:56 IST, May 15th 2020