Thereafter, submissions were heard from time to time on the prayer for interim relief. On 19th August, 2020 rule nisi has been issued in this petition. To start with, the Division Bench first and foremost sets the ball rolling by first and foremost observing in para 1 that: It is also pointed out that this Writ Petition having being heard and reserved for passing order on prayer for interim relief, coming on for pronouncement of order. This Writ Petition is filed under Article 226 of the Constitution of India praying to direct the respondent Authorities to make the use of Aarogya Setu application by citizens voluntary and etc. While specifying the purpose of the writ petition, it is stated right at the outset that: This observation is the real crux of this entire commendable judgment. It was also very rightly observed that, The sharing of health data of a citizen without his/her consent will necessarily infringe his/her right of privacy under Article 21 of the Constitution of India.
The information contains data about the health of the user which all the more requires the protection of right to privacy. It is in the fitness of things that the Karnataka High Court has most recently on Januin its interim order in the latest, landmark, learned and laudable judgment titled Anavir A Aravind vs Ministry of Home Affairs and others has restrained the Government of India and National Informatics Centre (NIC) from sharing the response data of users of Aarogya Setu app, observed that sharing of health data of citizens without their informed consent will violate right to privacy under Article 21 of the Constitution.Ī Division Bench of Chief Justice Abhay Oka and Justice S Vishwaith Shetty very rightly noted that:
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