MEGHALAYA HC on PRIVACY & SAFEGUARD
In the recent judgment of the Meghalaya HC, observe that; data privacy safeguards are the sine qua non for the determination of safeguarding the privacy of citizens; especially when the government makes it obligatory to install an app.
This observation comes up over a PIL energizing the obligatory imposition of the “Corontine App” and “Stay Safe Meghalaya App” invent for contact tracing.
The two apps were initiated by the Meghalaya Government and all persons who were recommended for isolation have to download the particular APP.
A law student, Jade J. Lyngdoh, had challenged the Government order. He states that the Apps may encompass the privacy of the citizens on account of lack of personal sensitive data. In its judgment, the Court observes, “Undoubtedly, data privacy safeguards are the sine qua non for the purpose of protecting the privacy of citizens, particularly when an ‘APP’ such as a CORONTINE APP or a STAY SAFE MEGHALAYA APP is mandatory to install by a citizen at the instance of the state.
Notably, the State Government informed the Court that the Apps have been discontinued.
In light of this submission, the Division Bench observed
Although it appears during the course of hearing of the instant matter that these two ‘APPS’ have been stoped. It is the bounden duty, an absolute obligation on the part of the concerned authority of the State; to preserve, protect and safeguard the private and personal data of its citizen collected by these two ‘APPS’ for such purposes other than the specific purpose for which the two ‘APPS’ were created.”
Thus, granting relief to the Petitioner, the High Court directs the concerned department of the State Government to work upon the specific allegation raised in the PIL. The court directs the department to cause a thorough inquiry in respect thereof. Moreover, ensure that the two ‘APPS’ do not misuse any private or personal data of citizens.
Background
Lyngdoh had combats that the questioned the Government’s order dated March 29, 2020, is arbitrary for the following reasons:
- No protocol/guidelines exist of the State Government vis-à-vis the collection, processing, storage, sharing, and anonymization of the data while using the aforesaid contact tracing mobile applications.
- In the absence of any protocol related to data privacy safeguards of the aforesaid mobile applications, the State Government could not have co-operated with any app developing agencies/ institutes for using the monitoring application, leave alone making it compulsory on the individuals of the State to install the APP.
- The ‘Corontine App’ and ‘Stay Safe Meghalaya App” worn by the State Respondents violate the key concept of data privacy and personal autonomy, including purpose limitation and data minimization.
- The usage of the aforesaid mobile applications in their present form and its mandatory imposition on the individuals; in the absence of any anchoring legislation and privacy policies constitute a disproportionate overrunning of the constitutional rights of the public at large. And it requires to declare as illegal, unconstitutional, and arbitrary.
Read more blogs @ advocatetanwar.com