[Breaking] Aarogya Setu App: Karnataka High Court restrains Centre, NIC from sharing user data without informed consent

The Karnataka High Court today restrained the Central government and the National Informatics Centre (NIC) from sharing the data of Aarogya Setu tracking application users without obtaining their informed consent. .In its interim order passed today, a Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Vishwajith Shetty stated:"Till further orders, we restrain the Government of India and National Informatics Centre from sharing the response data, by applying provisions of Aarogya Setu Data Access and Knowledge Sharing Protocol, 2020, unless informed consent of user is taken.".The Bench further observed, "Prima facie we hold that there is no informed consent taken of users for sharing of response data as provided in Aaroagya Setu Protocol 2020.".With this, the bench also noted that the informed consent of the user is limited to the collection and manner of collection information as provided in the privacy policy, which is available on the Aarogya Setu app. .In its order, the Court also recorded the assurance of Central Government that it would not deny any benefit or services to a citizen only on the ground that he/she has not installed Aarogya setu app. .After pronouncing its order, the Bench had orally remarked that, ."The interim relief is only confined to the data sharing protocol.".The interim order was passed in a writ petition filed by Anivar Aravind, seeking directions to the authorities to refrain from denying services to citizens for not installing the 'Aarogya Setu' application. .Before prounincing the order, the Bench had commented that, ."There are two parts in the Aarogya Setu matter, the privacy policy which has been uploaded on the App, as far as that is concerned, we have not granted any interim relief. As far as protocol is concerned, we are granting interim relief.........".The Bench had reserved its order in the matter on December 17. .India the only democratic nation which mandates use of app like Aarogya Setu: Colin Gonsalves to Karnataka High Court.Last month, Senior Advocate Colin Gonsalves, appearing for the petitioners had submitted before the Court that India is the only democratic nation that mandates the use of a mobile application like the Aarogya Setu Tracking Application..Heavily relying on Justice KS Puttaswamy (Retd.) and Anr. v. Union Of India, Gonsalves contended that "purpose limitation" as envisaged in the 2019 judgment was not being followed by the Central government.."This app (Aarogya Setu) is going all over the place. It is being used as an e-pass, it is being used for donation, telemedicine etc. Even the health sector is very interested in the app", he said..Gonsalves had further stated that a data controller cannot give data to third parties (in this case, the Centre), unless specific and informed consent is obtained from its users..He had also highlighted the drawbacks of the tracking app, stating that employers will now get access to the health status/condition, location, etc. of their employees..On the other hand, using Aarogya Setu mobile app will not automatically activate bluetooth facility on mobile phone and the consent of the user is taken before the same is done, the Central government counsel had submitted before the Court. ."Activation of Bluetooth is not automatic", he said countering the submissions made by petitioner's counsel, Senior Advocate Colin Gonsalves.Though it is recommended that Bluetooth be kept on, there is no compulsion in this regard, he added.