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Kerala HC Defers Hearing On Plea Challenging Mandatory Use Of Arogya Setu App

The High Court of Kerala on Tuesday has adjourned the plea challenging the Central governments directives on mandatory use of Arogya Setu app for all public and private employees amid COVID 19 Pandemic, till May 18.

The bench comprising Justice Anu Sivaraman and Justice MR Anitha also refused to pass any interim orders and directed the Central Government to submit a detailed report on the privacy safeguards of the application.

On being questioned by the bench whether the Government was ready to ensure that the information collected by the App would not be misused, the Counsel appearing for the Central government submitted that a report on the safeguard features of the app will be placed on record.

The Counsel further informed the bench that the government had developed a privacy protocol.

Moreover, the Arogya Setu App has been recognized as the best application in combating COVID 19 at present.

The bench was hearing a petition filed by John Daniel, Secretary General of Thrissur District Congress Committee seeking directions to declare the mandatory use of Arogya Setu App unconstitutional.

The petitioner has submitted that “Arogya Setu App takes away the right of a person to decide and control the use of the information pertaining to him. He is forced to give away data to system which he may or may not approve of, thereby attacking his right of informational autonomy.”

Earlier, the similar PIL had been filed against the mandatory use of the Arogya Setu App which is also scheduled to be heard on May 18.

-India Legal Bureau

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