This article is written by Shubhi Dwivedi, from DNLU, Jabalpur.

Introduction

As of the current situation where the novel coronavirus has taken under its arms the whole world, the government of India is trying whatever they can, to curb the spread of Covid-19 among its citizens. The country is under complete lockdown and government is taking all steps necessary to stop the spread and to break the chain, but rising amount of cases does not seem to have any verge and therefore by seeking the help of technology and artificial intelligence the government has advised the use of the app named Aarogya- Setu which is developed by National Informatics Centre that comes under the Ministry of Electronics and Information Technology, to detect the infection early and cease the spread.

While everybody acknowledges the reason and requirement for such an application, a few clients are vigilant that the application gathers clients’ area and could be conceivably abused as a reconnaissance device. Numerous critics have raised worries about the utilization of the application past pandemic reconnaissance and conceivably intensified feelings of dread of many restricting its far reaching adjustment

 The article discusses the same.

How the app works

Aarogya-Setu is a Covid-19 contact tracing app, it saves the data of people tested positive of COVID-19 and uses the same to determine and alert when needed. It is available on both android and iOS models. Currently, the app supports 11 languages and is about to add more languages. To use the app, one always needs to keep Bluetooth and location of their phones on so that the app can alert when one encounters someone tested positive. The app also suggests ways of precaution and other necessary measures. 

It has been downloaded by in excess of 10 crore Indians and has gotten high appraisals on both Google Play Store and App Store. With more Indians utilizing the application it will be simpler for wellbeing laborers and governments to follow the diseases in a convenient way and control the pandemic. It is evaluated that when the quantity of application clients crosses 25 crore its actual potential will be figured it out.

Necessity of app

The App uses one’s smart phone’s Bluetooth and GPS (location) sensors, detects if one ever crossed paths with someone who has tested positive of COVID 19 or had been in a 6-feet proximity with such a person and let them know about the general risk and help them to isolate themselves.

• Identification of Safe Zones– As many people are downloading the Aarogya-setu app, it has helped our government to get to know about the contaminated zones, seal them and declare them as hotspot areas. Even when the country is under lockdown, some work has to be taken out and for the same, this app can turn out to be very useful, as it informs you about the risks of a particular area and then one can carry out their work at that zone and also specify red zone for safety, and this is the sole reason why our government has made it compulsory for the employees. 
• Self-Assessment Test– The app also has a chatbot feature which helps one to identify the relative symptoms by simply asking some basic questions and provides the necessary information concerning the same.
• International measures– In this growing time of pandemic, there is a common trace among all those countries who have successfully tackled the COVID- 19 outbreak just by using an app to track down the infected. Successful use of this method is showcased by South Korea, where they nearly ended the virus, by using the app to trace down infected people and treat them before they spread the same. India also, by developing a tracing app before many western countries like the UK, USA, Italy, gained worldwide applause in their fight against the virus. WHO also applauds India for development of the Aarogya Setu app before Google and Apple would make it. 
• Safety Measures and Health Records– If a user shows any symptoms, the app will advise him to go for a test or dial 1075, so that a team of doctors can reach out to him and test him. After you download the app it also asks you about your foreign travel history and shares this data with our government to take measures if any are tested positive. E-pass facility is also available within the app for your ease.
• Sramik Trains– Special trains are allowed to run during Lockdown 4.0 and knowing about positive cases of coronavirus near you can solve a big problem and that is why the government has advised the passengers to download the app so that it will alert you if you came in contact with someone tested positive.

Basically, the app has been designed to benefit the citizens in the best ways it can, whether it is about self-testing or pre-determination of the risk around.

View from constitutional perspective

One may contend that Arogya Setu app breaches privacy, a fundamental right and therefore, should be held ultra-virus. A visit to the judgement of K.S Puttaswamy v. UOI gives us ‘Informational Privacy’ as a fundamental right enshrined in ever-expanding A. 21. In this very judgement, SC unanimously held that this right to privacy is not absolute in nature and can be trammeled,

“…it was simultaneously conceded that health concerns would trump privacy considerations if there were through necessary and proportionate intrusions into individuals’ privacy…”

To justify the restriction placed, there should be a law, stipulating a just, fair and reasonable procedure and the order/law must pass the three-fold test laid down by J. Chandrachud which was supported by the majority opinion.

The threefold requirement is-

• The legality (existence) of the law.
• Legitimate State aim (need) behind the law.
• Proportionality (rational nexus between aim and the action).

(1) Arogya Setu app is introduced as per the powers given to the union government under “The Disaster Management Act, 2005” which defines COVID- 19 as a disaster under S. 2(d). It also allows the government to take all measures necessary to mitigate the disaster (S.35[1]).

(2) The aim of the government is to curb the cases of COVID-19, in order to do that the act is of prime importance as it traces the affected person by adhering to the (3) proportionality principle, as app use only health related information of the user and that to for a short specific period. In the constitutional parameters, the app is valid and functioning on the principles of the constitution.

As India doesn’t have an act which is primarily connected with the Data Protection, we will look at the provision of Personal Data Protection Bill, 2019 (PDPB) which is soon to be passed by the parliament. (Hypothetically assuming the bill is in operation). 

The bill provides for non-consensual processing of data under two circumstances [S. 12 (d) (e)].

• Cl. (d) “to respond to any medical emergency involving a threat to life or a severe threat to the health of the data principal or any other individual.”
• Cl. (e) “to undertake any measure to provide medical treatment or health services to any individual during an epidemic, outbreak of disease or any other threat to public health.”

Under S. 35 and 38, the government can exempt any agency from an application, if it “is satisfied that it is necessary and expedient in relation with (among other things) public order.”

Also, the Setu app deletes user data of a non-infected person in 30 days and takes 60 days to delete if a person is tested positive, upholding the right to be forgotten principle under S. 27.

Other than this, To check the security issues with the application, many ‘moral programmers’ have put the application to investigation. They decompile apk (an executable) of applications and break down the code tattered. Despite the fact that the source code of Aarogya Setu isn’t made accessible, breaking down the decompiled code to a great extent assists programmers with recognizing weaknesses assuming any. Aarogya Setu is additionally checked on by other outside firms who frequently will in general be basic about indigenous mechanical endeavors of India. Subsequent to looking at the following application of 25 nations, MIT Technology survey said that “Aarogya Setu scored emphatically on the ideal erasure of client information and assortment of just valuable information however neglected to score on deliberate use, constraints of information utilization, and straightforwardness.”

Aarogya Setu, post-lockdown

As we all know that almost 3 month lockdown has been lifted up gradually from place to place. From the end of June, almost every city in India lifted the lockdown of their area and resumed the working process. As the pandemic does not seem to have any verge, and it looks like a dead end, which compelled the government to resume everything. Almost every sphere of working life regained its strength, at this time when the deadly coronavirus is roaming around, the only thing which can give all of us a heads-up is the Aarogya setu app, everybody who is going out to work must have this app installed in their phones so that it can alert them if they ever came across anybody who is tested positive of the COVID-19. 

Further, India’s application is one of a kind in various different manners as it offers a few other helpful highlights. The utilization of Argogya Setu is much needed in India at this time as they are at a danger of presentation.

In controlling the pandemic, time is basic and any postponement in clinical mediations could additionally prompt a deferral in straightening the disease rate and possibly causing more loss of lives and economy. Nations like South Korea and China utilized advanced reconnaissance frameworks (video, telecom) to the most ideal degree and are fruitful in controlling the pandemic. The dread of reconnaissance in the present time of Google and a large number of uses that track client development is exaggerated. Arogya Setu can be that connect and by generally receiving it we can just make the scaffold more grounded. We are undependable except if everybody around us is sheltered and Aarogya Setu can be our solid ally to all things considered guarantee the security of our general public

Conclusion

In this wake of Pandemic, our country cannot afford to suffer the pain which other western countries have gone through. One significant mistake they all committed is that they were unable to trace the infected persons on time which led to community widespread. 

Keeping this view in mind, the Indian government made this app, ‘Aarogya Setu’, to keep a track on all those people who are infected with the virus in order to treat them before they spread the virus in the community at large. All its features are aimed only towards restricting the spread of the virus and to let people know about places which are highly affected so that they avoid visiting those places, and to let the user take a self-assessment test and if tested positive, a team of doctors can come and treat the user. 

As far as the established rules are concerned, there is no unconstitutionality in relation to right to privacy, as far as the app is concerned. This model is also adopted by other Asians countries and it has shown remarkable progress in their fight with this pandemic. 

At this time when nobody has any idea how to end this disease, technology can play an important role to break the infection chain and help to get significant results making the app necessary for curbing the novel coronavirus infection. The use of the app is currently the most important asset of India’s fight against the pandemic. 

References

1) https://www.thehindu.com/news/national/how-does-the-aarogya-setu-app-work/article31532073.ec

2) https://www.timesnownews.com/health/article/coronavirus-prevention-through-arogya-setu-app-the-importance-of-contact-tracing-in-flattening-the-curve/600972 

3) https://www.bbc.com/news/world-asia-india-52659520

4) https://www.jagranjosh.com/general-knowledge/aarogya-setu-app-1586848268-1 

5) https://www.indiatoday.in/technology/features/story/how-aarogya-setu-works-and-how-it-compares-to-contact-tracing-apps-in-other-countries-1674966-2020-05-06 

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