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Initial statement on the Delhi Govt's. public statement on joint action with L-G to utilise the Police for contact tracing.

1. Contact tracing ordered is through cellphone location data of about 11,000+ people.

2. These people have been ordered to be placed under quarantine.
Concerns on the utilisation of cellphone location data :

1. We are concerned as till now the legal basis for this decision has not been made public. A rule of law framework requires restrictions on any fundamental right to be premised on legality even in extra-ordinary times.
2. Even if a legal order exists, it will still be required to comply with the conditions articulated under the Puttaswamy Judgement. These include reasoned statements on necessity (were alternatives examined?) & proportionality (what exactly is the extend of the survelliance).
3. It is important for the Delhi Government to also state what safeguards exist as more personal data is gathered by it. We have already witnessed details of persons placed in quarantine be “leaked” on WhatsApp groups resulting in harm. Hence, limits and legality is important.
4. We understand our defence for individual privacy will cause objections reasoning the unprecedented challenge posed by Covid-19. It is at moments like this that our fundamental rights are most important. Any restrictions must be as per a constitutional framework.

/fin
Added note: For context on how IFF is approaching Covid-19, defending your fundamental rights (privacy included) is available in this post.

We believe through social solidarity, empathy and maintaining rights India will prevail and rise together.

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