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Aarogya Setu app not mandatory, Airports Authority of India tells HC

BENGALURU: The Airports Authority of India (AAI) on Thursday told a division bench of the high court that its guidelines have been modified, making downloading of Aarogya Setu application optional for air passengers. Counsel for AAI made this submission before a bench headed by Chief Justice Abhay Shreeniwas Oka, after the court had directed AAI to clarify its position during a hearing on August 3.

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The court posted the PIL regarding Aarogya Setu to September 3 indicating that it would consider passing interim orders. The court wanted to know if a citizen can be denied service/ benefit of government facilities for not downloading the application and also said the issue of data protection needs to be looked into.

Senior advocate Colin Gonsalves, who appeared for the petitioner, pointed out that despite the central government’s assurance to the court on June 12 that Aarogya Setu application is only voluntary/ optional, a series of SOPs issued thereafter have made it mandatory.

“It’s like a cat and mouse game,” he quipped in reference to contrasting circulars and sought the court’s intervention. Citing the Aadhaar judgement, he said the government cannot hold on to data without a valid legislation.

The PIL was filed by

Anivar A Aravind

, a Bengaluru resident who claims to be a

digital rights activist

. Aravind says Aarogya Setu violates the right to privacy and other fundamental rights of citizens. He further contends that there is no law that mandates use of Aarogya Setu.


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