Contact tracing applications and informational privacy amidst the pandemic in India

ABSTRACT Various technological interventions introduced during the COVID-19 pandemic outbreak have resulted in numerous challenges, including the protection of informational privacy. Contact tracing applications are one such method adopted by governments worldwide to contain the pandemic. Their key features involve the collection and use of sensitive personal data, such as an individual’s personal information, health record, and location, raising concerns among regulators. Regulators must ensure that these technologies align with informational privacy protection. The current legal regime in India is not sophisticated enough to delve into issues that concern contact tracing technology. In India, the introduction of the Aarogya Setu Application (contact tracing application) gained attention when the Ministry of Home Affairs (MHA) made downloading it mandatory for individuals. Eventually, doing so was made voluntary. Considering these current trends, this paper aims to examine developments in data privacy issues specifically regarding surveillance technologies and tracing applications in India. It highlights and analyzes them considering private players which announced their partnership in creating a robust contact tracing application. The study also adopts a comparative examination of existing contact tracing applications and their privacy policy along with the Indian version and explores how one deploys jurisprudence for informational privacy as perceived in India.