Aarogya Setu App Mandatory? Legal Challenges & Employee Privacy Concerns

Title
==='Aarogya Setu MHA Order: Ambiguity Around Mandatory App Use For Employees?'

On May 1, 2020, the Ministry of Home Affairs (MHA) issued an order stating that all offices, both private and government, should ensure the installation of Aarogya Setu Mobile App by all employees. This order was met with much criticism and confusion about its mandatory usage and privacy concerns.

The order states that it is "mandatory for all employees, private and public, to download the Aarogya Setu Mobile App". However, the usage of the word "mandatory" has left employers and employees alike in a state of ambiguity. The lack of clarity and legal backing has raised concerns about whether employers can make installation of the app compulsory for employees.

The rationale behind the order is to contain the spread of COVID-19 through contact tracing. The app relies on Bluetooth and GPS location data to identify potential contact with COVID-19 positive individuals. However, this also raises privacy concerns as the app tracks a user’s location and needs access to personal information, including name, mobile number, gender and profession. Additionally, the app's privacy policy is unclear on how this data will be collected, stored, and used.

One legal aspect to consider is whether such mandatory usage of the app is a violation of the employee's right to privacy. The Constitution of India recognizes the right to privacy as a fundamental right and any infringement of this right must meet the proportionality requirement. In other words, the infringement must be necessary and proportionate for a legitimate aim. In this case, it can be argued that the mandatory usage of the app can be interpreted as a violation of an individual's right to privacy.

Another concern is the legal backing for such an order. The Information Technology Act was enacted to provide legal protection for electronic transactions and prevent cybercrimes. However, there is no specific provision mandating the usage of mobile applications. The MHA order simply cites the Disaster Management Act, 2005, and the Epidemic Diseases Act, 1897, both of which do not mention the use of mobile applications. Hence, the legal validity of this order is questionable.

Apart from the privacy and legal concerns, there is also a practical issue – technology access. Not all employees have access to smartphones or are comfortable using them. This could lead to discrimination against such employees or a divide in the workplace, posing a threat to employee's right to equality.

In light of these concerns, an appropriate decision would be for the government to re-examine the order and address the ambiguity and privacy concerns. A possible solution is to make the installation of the app voluntary as opposed to mandatory. This could still serve the purpose of contact tracing while respecting an individual's right to privacy.

Regardless of the outcome, it is crucial for employers and individuals to be aware of the legal implications of this order and to keep themselves updated on any changes. Employers should also consider the practical issues that may arise and take necessary steps to ensure the rights and welfare of their employees.

The Aarogya Setu MHA order has caused confusion and raises valid concerns about its mandatory usage. The privacy concerns, lack of legal backing, and practical issues make it a complex issue. As responsible members of the society, we must strive to balance the need for public health and protection of fundamental rights of individuals. We must also keep ourselves informed about changes in law and policies to safeguard our rights. Let us navigate this pandemic in a manner that respects the rights of individuals while upholding the collective responsibility to combat COVID-19.

The above is intended as a general update and does not constitute legal advice. Please seek professional advice based on your individual circumstances.