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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.