A CRITICAL STUDY OF CONTACT TRACING APPS IN INDIA VIS-À-VIS RIGHT TO PRIVACY

Abstract

The quote “know more from less” has become possible in the digitalized world, by collecting the data of an individual for the sake of technology and digitization.

Data is becoming the most important unit for analyzing behavior, identifying preferences, and offering the most relevant product/service to the potential consumer. Furthermore, the intangible nature of data and its reusable productivity have allowed for its endless distribution, beyond the boundaries and worldwide. Traditional systems of collection of data, processing of data, analysis of that data and importantly protection of the data, for all these steps the available regulations governing the data control and access, is inadequate in light of this highly uncustomary change in the usage of data. Data is a raw form of information but the processing, organizing or structuring of the data so as to represent a given context, converts the data into information. When personal information of an individual is compromised, it would be infringement of the informational privacy of a person. Failure to address the invasion of informational privacy would not only violate the Fundamental Right of the person but it exposes the absence of significant Data Protection laws also. After the outbreak of COVID-19, the government of India launched a mobile app called Aarogya Setu. This app was launched with a good intention to seize the spread of the disease by ensuring the contact tracing of an infected person. For serving the purpose, the app collects personal data of a person for tracing the covid contacts. But an important concern is that whether the Aarogya Setu App complies with the condition of anonymity recognized by the Supreme Court, in the Puttaswamy judgment?  Unfortunately, the answer is ‘No’. Hence, it can be said that in the absence of appropriate laws, the compulsion of using the App might have violated the Right to Privacy of the people who are using the app “Aarogya Setu - a bridge to health”. Thus, in this research paper a detailed analysis will be carried out about the working of the Aarogya Setu app and how it violates the informational privacy of its users. In furtherance of the paper, researchers will also discuss the legal issues and concerns relating to this App.