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My notice to @NICMeity for compliance of legal provisions in #PrivacyPolicy of @SetuAarogya . #NIC as #bodycorporate must ensure #dataprotection & strict liability. #datasecurity as per IT Act & Rules must be updated in Policy before making #AarogyaSetu mandatory 1/10 @viraggupta
In #PrivacyPolicy of @SetuAarogya as per cl. 2(a) & 2(c usage of data restricted for Government of India. However, cl 2(b) & 2(d), having no mention of GOI. Due to this lapse, if #data goes to foreign #TechGiants, it may create big risk to #nationalsecurity #RighttoLife 2/10
As per clause 3(b) of the Privacy Policy, data will be retained on #mobile device. Hence, data can also be accessed by Mobile cos. As per cl. 1(b), the @SetuAarogya will use #Bluetooth and #location data. So, such data can also be accessed by #Telecom companies. 3/10 @TRAI
As per cl 1(a) of @SetuAarogya, information is stored in govt #server. Due to legal loopholes in Policy & public-private partnership #PPP arrangement, data access by third parties can't be denied. @NICMeity must make provisions for data protection of crores of Indians. 4/10
#Guidelines issued under #DMA are not mandatory for State Govt. Executive Directions for mandatory usage of @SetuAarogya should cease as soon as DMA provisions effecting lockdown come to an end. If Govt want it to make mandatory, then it ought to bring a law like #aadhaar. 5/10
#SupremeCourt in K.S. Puttaswamy (Aadhaar-5J.) v. Union of India, held that an individual #biometric and #demographic information cannot be shared with private companies. SC #judgments are law of land as per Art. 141 of #Constitution & same must be adhered to. 6/10
My petition before #DelhiHC had highlighted National Security, Data Protection, #Children Safety and liability of Internet #SocialMedia Companies, but little seems to be have done, as reflected in current crisis of #boyslockeroom & #girlslockeroom in Delhi-NCR. 7/10
#PublicRecordsAct makes unauthorized transfer of #GovtData outside India a criminal offence. Yet, @NICMeity has failed to provide email IDs to all govt officials, despite 6 years old Delhi #HighCourt order. State & Central Govt officers must comply with #Email & IT Policy 8/10
Good that #GrievanceOfficer is mentioned in #PrivacyPolicy of @SetuAarogya. It will inspire enforcement of laws in #digital ecosystem in India. Digital giants making good money from Indian business & now must comply with Indian laws & appoint of #GrievanceOfficer in India 9/10
As per our policy, fight is against #COVID19 and not with the patients. In post #lockdown era of poverty, unemployment & anxiety, such app may incite mobs against #coronavictims. So, mandatory coverage of #AarogyaSetu be limited to those who suffering from #Corona. 10/10
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