A Legal Insight into Aarogya Setu: Privacy and Security Concerns

Abstract

Aarogya Setu, an application which highlights the collaborative initiative and voluntary participation of the office of the Principal Scientific Advisor to the Prime Minister, NITI Aayog, industry coalitions, start-ups and other organizations forms a part of the broader plan of the government in the area of health. Amidst the outbreak of the Corona virus, the application along with its official website titled ‘aarogyasetumitr.in’ was brought into operation to provide certain door-to-door health services by three categories of service providers viz. Tele-medicine counsels, e-Pharmacy partners and e-Diagnostic partners. While Tele-medicine counsels extend consultation services, e-Diagnostic partners provide services such as testing and sample collection. It has and is being witnessed that the government along with the concerned ministries have consistently endeavored to promote the said platform and push citizens to install and register on the same. Perhaps, though the plan of action appears to be quite impressive on the face of it, the said programme has been the subject of heated debates, in-depth discussions and heavy criticisms. Privacy experts and civil rights advocates have directly and expressly objected to it, laying down that the Aarogya Setu app is prejudicial as regards the privacy and security of a citizen who is registered on the said application. Experts have commented that the Arogya Setu application which involves tracking programmes is not backed by any well- built legislative framework. To put it the other way, the app enjoys complete potential to impair an individual’s privacy; thereby threatening his security. Nevertheless, there are certain significant areas revolving the platform that demand consideration. For instance, addressing the concerns surrounding the unauthorized use of data. In the era of technological advancement, it remains an undoubted fact, that the percentage and gravity of online crimes have also escalated. The present research calls for attention towards those important areas revolving digital health services, which if neglected, can lead to potential damage to not just a few individuals but the entire economy. It highlights the significance and acknowledgment of the right to privacy, the challenges surrounding the Aarogya Setu application, important aspects related to its functioning, assessing the application from an international perspective and proposes recommendations to counter these challenges. It also attempts to evaluate the proposed governmental plans, its benefits, hazards and challenges.