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The complainant further submitted that the information was anyway not
provided by the NIC in that case since it stated that it "does not hold the
information" relating to the App's creation, which is very surprising since it is
the App's developer. Now MeitY also has not provided any information relating
to the App's creation and other matters.
He strongly pleaded that in effect, no one has any information on how this App
was created, the files relating to its creation, who has given inputs for this
App's creation, what audit measures exists to check for misuse of the personal
data of millions of Indians, whether any anonymisation protocols for user data
have been developed and about who this data is being shared with. This is
despite the fact that any omissions and commissions by these public
authorities and any failure to perform their duties as outlined and mandated
under the Protocol, 2020, could essentially lead to security compromise of
millions of Indians' personal and user data. This would be a grave breach of
fundamental right to privacy on a massive scale and threaten people's
constitutionally guaranteed right to life and liberty.
He further submitted that due to the many credible media reports questioning
the Aarogya Setu App and its making and handling, it is of utmost importance
to bring transparency in the making and current handling of this App, which
collects vast amounts of user and personal data of individuals. If the right to
privacy is breached due to inept handling of people's personal and user data, it
will be a breach to one's right to life and liberty. The information as asked for
would fall under the category of threat to life and liberty of millions of Indians
and if the urgent hearing is not provided, the matter will become infructuous
and it is the mandate of the Commission to prioritise matters pertaining to
one's, but in this case, millions of Indians' liberty on priority. This will be in
larger public interest involved in the matter.