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

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.