The Aarogya Setu app, a tool developed by the Indian government to evaluate an individual’s risk level for Covid-19, has recently stoked concerns from legal experts over its privacy policy. These experts have highlighted the need for transparency regarding the data collected by the app and its subsequent usage by the government.
The Aarogya Setu App
Launched by the Ministry of Electronics and Information Technology, the Aarogya Setu app is designed to aid individuals in assessing their potential risk of contracting the coronavirus. The app gauges this risk based on the user’s interactions with others, utilizing advanced Bluetooth technology, algorithms, and artificial intelligence.
Upon installation on a smartphone, the app identifies other proximate devices that also have the app installed. This mechanism empowers the government with the ability to take necessary timely measures for evaluating the risk of spreading Covid-19 infection and ensuring isolation wherever necessary.
Data Privacy Concerns
The primary concern with the Aarogya Setu app lies in the ambiguity surrounding the data it collects. The specifics of what data will be gathered, how long it will be stored, and what purpose it will serve remain unclear. The government’s potential use of this data, especially if it gets shared with the government of India, is yet unclarified.
Moreover, the app’s privacy policy only addresses the data available on the app and fails to specify the duration for which the government of India will retain server-side data. This lack of transparency raises issues of proportionality, questioning whether the app will prove as effective as intended in containing the Covid-19 outbreak.
The situation in India is distinctive when compared to countries like Singapore where the majority of the populace possess smartphones. However, in India, given the large population, the number of smartphone users is relatively low. This implies that only a minuscule portion of the population will be able to download and use the app.
Addressing the Issues
Faced with concerns over the app’s privacy policy, there is a pressing need for detailed clarification on matters related to the collection of data, its storage, and its various uses. The government of India should define how it aims to handle the data gathered by the app and the duration for which server-side data will be retained.
The Supreme Court’s decision in the Puttaswamy judgement (2017) affirms the right to privacy as a fundamental right, thereby underlining the necessity to safeguard personal data as a crucial aspect of informational privacy. Upholding this verdict, it becomes essential to iron out the wrinkles in Aarogya Setu’s privacy policy and provide clear boundaries to the use and retention of personal information collected via the app.