Lawstreet Journal

Student of NLU Jodhpur Moves Meghalaya HC Against Government Order Mandating Download and Use of Contact-Tracing Apps by Those Under Home Quarantine

Lawstreet Journal 8 Jun 2020 9:44pm

Image courtesy: Lawstreet Journal Judiciary Student of NLU Jodhpur Moves Meghalaya HC Against Government Order Mandating Download and Use of Contact-Tracing Apps by Those Under Home Quarantine

Jade J. Lyngdoh, a Law Student of National Law University, Jodhpur (NLUJ) has challenged the March 29, 2020 order of the Government of Meghalaya in the Meghalaya High Court through PIL. This order of government is mandating all persons who have been recommended for home quarantine/ isolation to download and use certain contact tracing apps- "Corontine App" and "Stay Safe Meghalaya App", which are separate from the Union Ministry of Electronics and IT's Arogya Setu App.

 

The petition has raised following grounds-

1. There exist no protocol/guidelines of the State Government vis-à-vis the collection, processing, storage, sharing, and anonymization of the data, while using the aforesaid contact tracing mobile applications ("Coronatine App" and "Stay Safe Meghalaya App”).

2. In the absence of any protocol regarding data privacy safeguards of the aforesaid mobile applications, the State Government could not have collaborated with any app

developing agencies/ institutes for using the monitoring application, leave alone making it mandatory on the individuals of the State to install/ download the applications.

3. As such, the 'Corontine App' and 'Stay Safe Meghalaya App" used by the Respondent State violates the core principles of data privacy and personal autonomy, including purpose limitation and data minimization.

4. The usage of the aforesaid mobile applications in its present form and its mandatory imposition on the individuals in the absence of any anchoring legislation and privacy policies constitute a disproportionate invasion of the constitutional rights of the public at large, and as such is required to be declared as illegal, unconstitutional and arbitrary.

 

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Tagged: Corona Updates   Quarantine  
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