Law Students Move to Meghalaya High Court Against Mandatory Use of Contact-Tracing Apps

The students of National Law University, Jodhpur filed a Public Interest Litigation before the Meghalaya High Court; against the government orders. Explicitly, the Petition challenged the compulsory imposition of the ‘Corontine App’ and the ‘Stay Safe Meghalaya App’ by the state government. The order dated March 29, 2020, mandated the use of these apps by all the persons under home quarantine. The applications mandated by the state are different from that of Union Ministry of Electronics and IT’s Aarogya Setu.

Contentions by the Petitioner

The law students argued that no guidelines or protocols have been issued by the government; with respect to the collection, storage, sharing, and anonymization of the data by these applications. The government has not issued any safeguards concerning data privacy. Being that, it violates the principles of data privacy and personal autonomy including purpose limitation and data minimization.

Moreover, the mandatory use of these applications in the absence of any legislation or privacy policy results in the violation of the constitutional rights of the public at large. The mandatory direction is unreasonable and arbitrary. In the light of the above contentions, the petitioner pleaded to declare the order as arbitrary, illegal, and unconstitutional.

Notably, the mandatory use direction for the Aarogya Setu app is also challenged; whereby the Kerala High Court remarked it as a “valid concern”.

Avatar
Shriya Katariahttp://lexinsider.com
A writer by day and a reader by night. I am a Lawyer in making and a lifelong humanitarian. My enthusiasm for content writing and public speaking is real and undeniable. When not writing, I'm either painting or busy with my slam poetry.

CONTINUE READING

The case of Aruna Shanbaug that changed the Euthanasia laws...

0
It is my Belief that death is a friend to whom we should be grateful, for it frees us from the manifold ills which are our lot - Mahatma Gandhi. As human beings, out the umpteen desires that we have, one of them is definitely to have a peaceful death....

Justice D Y Chandrachud’s path-breaking Verdict in the Sabarimala Case of...

0
“Will the quest for equality and fraternity be denuded of its content where women continue to be treated as children of a lesser god in exercising their liberties in matters of belief, faith and worship? Will the pursuit of individual dignity be capable of being achieved if we deny...

After repealing section 377, its time to Legalise Same-Sex Marriage in...

0
A draconian, archaic law that criminalized homosexuality was struck down in a historic judgment given by the Supreme Court in 2018. Two years after the judgment, the LGBTQ (lesbian, gay, bisexual, transgender, and queer) community has now sought legal recognition of their relationships. As the social stigmas surrounding the LGBTQ...

Modern Day Book Burning a.k.a Internet Shutdowns

0
The internet has become an indispensable element in our society for all the obvious reasons. For the majority of users, not a single day goes by where we don't 'need' the internet and the lack of a reliable and fast connection can feel paralyzing. An internet shutdown refers to...

Letter to UNHRC – Dr Kafeel Khan, Punished Because He’s Muslim

0
Kafeel Khan, a doctor by profession and a social activist has been targeted by Yogi Government since 2017, in 3 years he had been maliciously arrested 3 times & imprisoned for around 14 months on the false charges set up against him at many instances. Now he is absolved...

Prison Life In India and its Aftermath

0
Everyone prays to never see the bars of prison in their lifetime. Yet, as fickle as life is, it is quite hard to predict the future. It is in everyone’s benefit to know a little bit about prison life; for movies and cinemas do not do justice to the...