The Karnataka High Court on Thursday sought the response of the central government on data collected by the government when a person downloads and uses the Aarogya Setu mobile application. .A Division Bench headed by Chief Justice Abhay Shreeniwas Oka and Justice Vishwajith Shetty also posed slew of questions to the parties: .If a person conducts a self-assessment test in the Aarogya Setu Application, whether the data entered becomes available to the Government and other agencies? If a person downloads the app and puts on the bluetooth, what kind of personal data becomes available? Is it mandatory to subject oneself to the self-assessment test in the app? Whether on downloading the app, is the Bluetooth automatically activated?What is the concept of response data referred in the central government order dated May 11? In what contingencies does the status of a person turn "red' or "orange"?.The court was hearing a plea challenging the mandatory use of Aarogya Setu application for accessing public services..When the matter came up for hearing today, Senior Advocate Colin Gonsalves, who was appearing for the petitioner, submitted that once a person downloads the app, it is necessary do the self-assessment test by filling in personal information.The court, however disagreed with this contention. ."We think it is 100% wrong. Nobody compels you to do the self assessment. It is completely voluntary," opined the Division Bench. .The court also noted a scenario where unintentionally, personal data maybe be transferred. "A person's bluetooth may be on, not for using the app, but for other purposes," added the Bench. .Are you utilizing data of individuals who have voluntarily downloaded Aarogya Setu app? Karnataka HC seeks Centre's response.During the course of the hearing, the Bench made it clear that downloading of the App is not equivalent to giving consent for the government to access personal data..Karnataka HC asks Airports Authority, State to clarify whether air passengers are required to use Aarogya Setu App.It was further observed by the Division Bench that there were two concerns of privacy in the instant case. The first, when personal data is disclosed without consent and second, when the app shows a wrong colour (red or orange) even if the person is COVID-19 negative in reality.."Suppose I download the App and make a self assessment. The question is if I say I am suffering from hypertension or diabetes, why should anybody else get that information?” CJ Oka demanded..The court proceeded to direct the parties to submit their memos on record within a period of 10 days and posted the case for further hearing on November 26 when the prayer for interim relief will be considered.
