Since May 2020, @OfficialSauravD has been denied critical information about the widely criticised privacy and security aspects of Aarogya Setu. IFF has been representing Mr. Das in court. Today, we are making known the details of this case.
internetfreedom.in/how-we-are-hel…
1/n
@OfficialSauravD has already found via RTIs that Aarogya Setu does not comply with its own data sharing protocols. He sought a copy of its entire file which contained info about the proposal's origins, govt depts involved, correspondence between pvt sector and officials, etc.
2/n
After not responding for 3 months (the time limit for responding to RTI requests is 30 days!), Public Information Officers of the National Informatics Centre, e-Governance Division, and MeitY all claimed that the information was not held by their departments.
3/n
Aggrieved, Saurav approached the CIC, who observed that this denial of information was unreasonable. But the CIC did not allow Saurav to attend CIC’s show cause against the CPIOs, and eventually dropped the proceedings, holding that all information has been provided.
4/n
Lawyers from IFF, comprising @TanmayPratapS and @Krishnesh78, and led by @VrindaBhandari, filed a writ petition before the Delhi High Court challenging the CIC’s order. Parties were directed by the Court to file a chart detailing the information sought and provided.
5/n
Our chart listed specific non-compliances that required intervention. The Respondents' chart however brought up other RTI requests filed regarding completely different aspects of Aarogya Setu, incorrectly claiming that CPIOs responded entirely to all information requests.
6/n
We filed a rejoinder explaining that the information in the public domain, and provided by the Respondents, relates to the functioning of Aarogya Setu. Saurav's request related to the decision making carried out away from the public gaze, i.e. the creation of Aarogya Setu.
7/n
We also highlighted other inconsistencies. For example, the CPIOs had initially claimed that no information was available with them, but it became evident through their subsequent responses that the information was available with the Respondents all along.
8/n
The matter has been posted for August 25, 2021, and we will keep you updated. In the spirit of transparency, and given public interest, we are making the pleadings available since they have come on record of the Court. Access them in the blog post above!
9/n
We need your help and support in ensuring that we continue our efforts in demanding transparency from the authorities. Support us through one time donations or becoming a member with us. Donate now!

internetfreedom.in/donate

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More from @internetfreedom

3 Apr
Mega thread ✨

Are you confused about the Personal Data Protection Bill, and don't know where to start? We're on a mission to #StartFromScratch and break down components of the bill for your knowledge.

Follow this thread closely. Ready? Let's go!

1/n
internetfreedom.in/startfromscrat…
In part 1 we discussed the need for a data protection bill in today's digital world. We provided historical context and hinted at some of the concerns that have been raised about it. In part 2 below, we discuss the bill's basic elements and provisions.
2/n
Let's begin with the basics - the most important definitions. Given the example that you're a Facebook user, you are called a "data principal". Facebook is the "data fiduciary", and the entity that processes your data for, say, advertising purposes is a "data processor".
3/n
Read 12 tweets
2 Apr
In 2018 @GoI_MeitY refused to provide us with public consultation comments on the Data Protection Bill in response to our RTI request.

After 3 years of pursuing this, the Central Information Commission has held that MeitY's denial is grossly improper.
1/n
internetfreedom.in/persist-transp…
The RTI reply stated that the comments were confidential, but the CPIO did not cite any provision under section 8 of the RTI Act, 2005 to support this. Thus, the refusal was without basis and illegal.
2/n
indiankanoon.org/doc/758550/
So we filed an appeal before the First Appellate Authority.
The FAA replied that the information can’t be shared under section 8(1)(i) of the RTI Act.

But this section provides exemptions for cabinet papers, and doesn’t apply to our request!
3/n
indiankanoon.org/doc/93879/
Read 6 tweets
1 Apr
Thread!
As election fever rises and #Kerala #TamilNadu and #WestBengal go to the polls, we're bringing you an analysis of manifestos of major parties on their commitments to tech innovation, digital rights, internet access, privacy and cybersecurity.
1/n
internetfreedom.in/2021assemblyel…
Despite a rising number of young voters and Indian internet users, political parties have been slow to move on digital rights. Before the 2019 general election we drafted an agenda making an appeal across party lines to prioritize digital rights.
docs.google.com/document/d/1AX…
2/n
Following are our key learnings surrounding the promises made by political parties. We follow a model in which a “+” indicates a positive move, “-” a negative one, and “?” indicates one which does not present a clear foreseeable consequence or is ambiguous.
3/n
Read 10 tweets
31 Mar
#MobikwikDataLeak
We have written to @IndianCERT asking them to initiate an inquiry over the Mobikwik data breach under Sec. 70B(6) of the IT Act. We lay out 5 steps MobiKwik must take to alleviate the situation. Pls read and RT for public knowledge.
1/n
internetfreedom.in/mobikwik-data-…
Over 8.2 TB of data of MobiKwik users has reportedly been put on sale over the dark web with an asking price of 1.5 Bitcoin (~ INR 65 Lakhs). The leak includes KYC, passport, address, email, phone number and aadhar card details of 10 Crore Indians.
indianexpress.com/article/techno…
2/n
MobiKwik's denial has been countered by independent researchers who indicate that a breach has occurred. MobiKwik also reportedly sought help from Amazon last month after they discovered that someone outside the organisation downloaded their S3 data.

3/n
Read 10 tweets
30 Mar
Thread: Facebook has announced a Human Rights Policy which will be applicable to all FB, WhatsApp, and Instagram users. We analyse this new policy in India's context, and call on FB to improve its practices openly and transparently for Indian users.
1/n
internetfreedom.in/facebook-human…
FB outlines its commitment to the UN Guiding Principles on Businesses and Human Rights. Given that FB has been criticized for aiding human rights violations for years (scoring a mere 45/100 on the RDR index), the policy is too little, too late.
2/n
rankingdigitalrights.org/index2020/
1. FB has committed to protecting privacy on WhatsApp, saying it won't give governments access to people’s data. The IT Rules, 2021 require traceability of information originators which may affect encryption so this is welcomed. But the Policy is insufficient on many fronts:
3/n
Read 10 tweets
28 Mar
Thread on COVID-19 surveillance:
On May 28, 2020, we filed an RTI request with @BECIL_India on their tender to procure a Personnel Tracking GPS Solution and a Covid–19 Patient Tracking Tool. These surveillance measures impinge on rights of privacy, autonomy, and dignity.
1/n
We did not receive a reply. Then on October 30, 2020 we filed a first appeal against them and still did not receive a reply. Our last step in the matter was to file a second appeal with the CIC on December 12, 2020.

In 2021, BECIL has finally replied to our first appeal.
2/n
They state that procurement for the two items has not been done till date. Further, they have also stated that since this project is still at the Expression of Interest stage, a cost-benefit analysis is not required.
3/n
Read 7 tweets

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