sflc.in Profile picture
9 Dec, 8 tweets, 5 min read
A petition has been filed by Ms. Tanya Mahajan in the Bombay High Court against the de-facto imposition of @SetuAarogya by officials of Passport Seva Kendra, Mumbai.

Tanya is represented by counsels from SFLC.IN and Ms. @saxenaditi, Advocate Bombay High Court.
The matter was listed for hearing today. In today's hearing, the Bench issued a notice asking respondents to file their reply before the next date i.e. 07.01.2020. No representatives on behalf of the Regional Passport Office appeared today.

sflc.in/petition-bomba…
The petitioner was denied entry by Passport Seva Kendra, Malad for refusing to install Aarogya Setu. The petitioner has contended that the Aarogya Setu app is voluntary in nature per MHA guidelines dated 17.05.2020 and subsequent guidelines.
The petitioner has also contended that while the Respondents maintain that Aarogya Setu is voluntary on their website, it has been made mandatory in practice by the respondents.

portal1.passportindia.gov.in/AppOnlineProje…
This de-facto imposition of Aarogya Setu is an infringement of the Petitioner's right to privacy and goes against the principles laid down by the Supreme Court in Puttaswamy vs. Union of India.
The petition seeks directions from the Court to direct respondents to allow entry of the Petitioner in the Passport Seva Kendra, Malad without @SetuAarogya installed in her mobile device.

sflc.in/petition-bomba…
SFLC.IN is also representing its advisory board member @anivar in the Karnataka High Court. @anivar 's PIL challenges the constitutionality of @SetuAarogya and its de-facto imposition.
You can read updates on the matter here: sflc.in/update-anivar-…
We need your support to help us in the empowerment of Indian citizens about their digital freedom and rights.
Donate Today and Help us do more.
Visit - instamojo.com/@SFLCin
#DonateNow #DigitalDefenders
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More from @SFLCin

11 Dec
The Aarogya Setu petition challenging its legality and voluntary-mandatory nature by our advisory board member @anivar is listed for hearing today.
@anivar is represented by Senior Advocate Colin Gonsalves, counsels from SFLC.in, Advocate @clifroz, Advocate @avani_chokshi and Advocate Ali Zia Kabir in the matter.
Senior Advocate Colin Gonsalves will be continuing his arguments today. You can read the updates on last hearing here:
sflc.in/update-anivar-…
Read 26 tweets
9 Dec
Our analysis reveals that the #SourceCode that has been released as the “backend code” is grossly incomplete. Though any effort at transparency needs to be lauded, much of how the @SetuAarogya operates is still opaque
privacy.sflc.in/aarogyasetubac…
@NICMeity @GoI_MeitY
#AarogyaSetu
The code released on 20th November does contain code that corresponds to the #frontend of the website web.swaraksha.gov.in/ncv19 and the code released also contains code that lets the website interact with the application through the #webview.
@SetuAarogya
#COVID19 #ContactTracing
However, some of the libraries/modules that the code depends on have not been released and very little of the released code is meant to run on the #backend.
#coders #aarogyasetu #COVID19 #FOSS
Read 8 tweets
4 Dec
We wrote to Chief Minister of Haryana, Shri @mlkhattar , and Principal Secy of Information Technology Department, Shri V. Umashankar against the mandatory imposition of Aadhaar in Parivar Pehchaan Patra and de-facto imposition of Parivar Pehchaan Patra.

sflc.in/letter-governm…
The Government of Haryana has made #Aadhaar mandatory for Parivar Pehchaan Patra. This step by the Government of Haryana is in violation of the judgment of the Supreme Court in Justice Puttaswamy v. Union of India (2019 (1) SCC 1).
sflc.in/letter-governm…
According to #Puttaswamy (2019), #Aadhaar can be made mandatory only for:

a. filing IT returns; and

b. for availing government subsidies from the Consolidated Fund of India.
Read 8 tweets
1 Dec
It thus become more important than ever before to document instances of free speech violations by the state and build a repository from all over the country.
#RightSideBroadcasting #FakeNews #HumanRights
The #tracker entails publicly available data collected by volunteers with SFLC.in via various sources including news sources, court orders etc. as well as by crowd-sourcing information from the public at large and verifying it.
sflc.in/free-speech-tr…
#volunteer
The aim of this project is to ignite conversations & deepen understanding around the status of #FreeSpeech in India. Right to freedom of speech and expression is the spine of a #Democratic nation. A tracker like this is a mirror which shows us how deep the water is.
#Constitution
Read 5 tweets
14 Jul
6 districts in Haryana have imposed a ban on social media news platforms using provisions - Section 188 of the IPC, Disaster Management Act 2005 and Epidemic Disease Act, 1957.
@IndianExpress
indianexpress.com/article/india/…
#FreedomOfSpeech #WebsiteBan #Haryana
The reason for the said ban is stated to be “dissemination of unverified and misleading news from such platforms may disturb tranquillity in the society and may adversely affect the mental health of common man during the COVID-19 pandemic".
#Covid_19 #pandemic #FakeNews
These six districts include #Sonipat, #Kaithal, #CharkhiDadri, #Karnal, #Narnaul and #Bhiwani.
The News platforms upon which the Ban has been imposed are based on WhatsApp, Twitter, Facebook, Telegram, YouTube, Instagram, Public App and LinkedIn.
cdn.s3waas.gov.in/s3d296c101daa8…
#Covid_19
Read 7 tweets
27 Feb
Justice B.N. #Srikrishna believes that the #law has to declare an #objective. Whatever procedure is declared are non-arbitrary. It leads us to a state where you or the state can look at everything we do and have access to everything we have.
#sflcin #data #pdpb
Justice B.N. #Srikrishna on whether the Government has neglected the work of the #SrikrishnaCommittee, "It is too complicated to answer; the right thing was to get a special committee to debate on the Bill, and thankfully the #JPC was made."
#sflcin #data #pdp
Ms @ramavshree on the #PersonalDataProtectionBill2019 says that the current format of the bill doesn't give comfort and ease to businesses and the users.
#Srikrishna @saikatd @ashutoshchadha @Shshk
#sflcin #data #pdpb
Read 12 tweets

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