January 26, 2021 11:09:35 AM IST
On January 24, the Karnataka Supreme Court issued an order prohibiting the central government and the National Computer Center (NIC) from sharing Aarogya Setu Application data without user consent. The bank, composed of Chief Justice Abhay Oka and Judge Vishwajit S Shetty, reserved the order. It was found that Aarogya Setu User data was passed on without their consent, as provided for in the Aarogya Setu Data Access and Knowledge Exchange Protocol, 2020.
Furthermore, under the order of the High Court, central government cannot deny a user a benefit or service simply because the user did not install it Aarogya Setu.
In addition, the judiciary found that informed consent is limited to the collection of information in accordance with data protection regulations. From now on, the NIC and the Union of France refrain from disclosing data without a declaration of consent.
The order comes after a petition was filed by Anivar A Arvind, a member of the SFLC.in advisory board. He called for “the voluntary and compulsory Aarogya Setu and violation of data protection rights if there are no specific laws for the collection and processing of data by them, ”reads a press release published by SFLC.in.
“This is an important command that ensures user rights and consent as a measure of performance on their personal computers. Hopefully this will impact a broader landscape where more and more civil rights enforcement applications are deployed in a post-pandemic period, ”said Arvind.
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