Mitigating the Impact of COVID-19 Through Technological Interventions is India Legally Equipped: Aarogya App Case Study

Authors

  • Sukhpreet Kaur
  • Seerat Gill
  • Namita Bhardwaj
  • Rajinder Kaur

DOI:

https://doi.org/10.37506/mlu.v21i2.2841

Keywords:

COVID-19, Aarogya Setu app, Data Protection, Digitalisation, Contact tracing.

Abstract

Tremendous utilisation of technology during lockdown and quarantine for COVD-19 pandemic has been
observed. The health care agencies are making best possible efforts to fight the pandemic. The phone
applications for tracing proximity to people to identify infection hotspots and possible transmission is also
gaining popularity. Various countries have launched apps which can be installed in smartphone for contact
tracing. Indian government has also launched Aarogya Setu app. The launch of this app fueled alot of
discussion as compliance with patient privacy and human rightsissues. This app constantly monitors GPS
location of an individual which is considered as an invasion of privacy by legal experts. Although Aarogya
Setu app has many in built privacy features to protect sensitive data. In 2017 Supreme Court held privacy
to be constitutionally protected right under Article 21 of the Indian Constitution. The same was followed
by introduction of Personal Data Protection Bill in Parliament in year 2018 and again in 2019. However, it
still remains in the form of bill only. Further, in Puttaswammy Judgement Supreme Court allowed states to
collect data for certain legitimate purpose where there is state or public interest. COVID-19 has definitely
accelerated the need to have stronger data protection legislation in India to protect patient privacy. Stronger
data protection law will only add to the legitimate, efficient and careful processing of important data which
is required to fight against the pandemic.

Author Biographies

Sukhpreet Kaur

Assistant Professor, Department of Pharmacology, Dasmesh Institute of Research and Dental Sciences, Faridkot

Seerat Gill

Law Student, Rajiv Gandhi National University of Law, Punjab

Namita Bhardwaj

Research Scholar, Department of Laws, Panjab
University, Chandigarh

Rajinder Kaur

Director, University Institute of Legal Studies, Panjab University, Chandigarh

Published

2021-03-12

How to Cite

Sukhpreet Kaur, Seerat Gill, Namita Bhardwaj, & Rajinder Kaur. (2021). Mitigating the Impact of COVID-19 Through Technological Interventions is India Legally Equipped: Aarogya App Case Study. Medico Legal Update, 21(2), 1146-1150. https://doi.org/10.37506/mlu.v21i2.2841