sflc.in Profile picture
26 Dec, 11 tweets, 12 min read
#Defenders @SFLCin
“One of the most notable orders included #KarnatakaHC passing an order that no service/benefit can be denied to anyone by state instrumentalities for not installing @SetuAarogya”. Here’s @AnnoyedSingh, sharing her experience on Defending #DigitalRights in 2020. Image
SFLC.IN has been representing its advisory board member @anivar in the Karnataka HC. @anivar's PIL challenges the constitutionality of @SetuAarogya and its de-facto imposition.
sflc.in/update-anivar-…
#aarogyasetu #COVID19 #COVID19India
The #PIL challenges the voluntary-mandatory imposition of @SetuAarogya and the invasion of privacy rights in the absence of specific legislation governing data collection and processing by it.
#ContactTracing #app #aarogyasetu
Till now, the Government of India through the @RailMinIndia, @AAI_Official, and Ministry of Civil Aviation have stated on record that #AarogyaSetu is not mandatory to avail rail or air services.
sflc.in/aarogya-setu-n…
Similarly, Bangalore Metro Rail Corporation Limited (BMRCL) withdrew its initial statement that #AarogyaSetu was mandatory for metro commuters.
The Ministry of Housing and Urban Affairs also amended their draft Standard Operating Procedure which had made @SetuAarogya mandatory for metro commuters. The now notified SoP by the MHUA states that the installation of #AarogyaSetu is advisable in nature.
The Karnataka High Court, on 19.10.2020 also passed an order stating that in the absence of legislation, central or state government or their agencies or instrumentalities cannot deny any benefit or service to a citizen for not installing #AarogyaSetu.
sflc.in/karnataka-high…
As of now, the counsels for petitioner and respondents have concluded their arguments. The court has reserved its judgment.
#aarogyasetu #COVID19
SFLC.in also represented Ms.Tanya Mahajan along with Ms. @saxenaditi, in a petition filed in the #bombayhighcourt, challenging the de-facto imposition of @SetuAarogya
by officials of, #PSK Mumbai.
sflc.in/petition-bomba…
@passportsevamea
The Bench issued a notice asking respondents to file their reply before 07.01.2021. No representatives on behalf of the Regional Passport Office appeared for the hearing. The next hearing is on 7th January 2021.
#AarogyaSetu #passport
The #Defenders of your #DigitalFreedom have been fighting continuously for your #DigitalRights to ensure a safe, inclusive, & open #internet. You can help us do more by making a #Donation.
#DonateNow👉 sflc.in/donate
#DigitalDefenders #LetTheNetwork #donate #FreeSpeech Image

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More from @SFLCin

26 Dec
A committee of experts under the Chairpersonship of Mr. Kris Gopalakrishnan was constituted to deliberate on the Non-Personal Data Governance Framework.

sflc.in/our-comments-n…
It studied the various issues involving non-personal data and to make specific suggestions for consideration of the central government on the regulation of non-personal data.
The Report has attempted to define non-personal data, and proposed several concepts including the concept of community, public and private data, non-personal data authority, data trusts, data businesses, data custodians etc.
Read 5 tweets
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
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.
Read 8 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

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