Posts about Aarogya Setu
So, here's the backend code: https://openforge.gov.in/plugins/git/aarogyasetubackend/aarogya_setu_backend
All news portals are celebrating this open-source release by the government who has claimed this to be the backend code.
If you are a developer, it is easy to see that this is NOT the backend code, only some React frontend views that might be embedded inside WebViews in the mobile apps. The actual backend is still being accessed through the APIs, for example:
See the check status "API" - This actually just proxies to API at https://fp.swaraksha.gov.in/api/v1/users/status (which is of course inaccessible without the API token).
Same here, the actual API being accessed lies at another external link for which there is no source code.
There are several other places this happens and there is no actual backend code on this repo, only the frontend React views.
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Today, we sent a joint representation to the Prime Minister's Office that is endorsed by 45 organisations and more than 100 individuals against the mandatory use of the Aarogya Setu App dated May 1, 2020. This joint representation becomes all the more urgent given yesterday's direction by the Home Ministry for the mandatory use of Aarogya Setu and for it's "100% coverage" especially in all workplaces. Violation of this direction can lead to criminal penalties thereby Aarogya Setu now not only impacts the data privacy of workers, or can lead to risks of exclusion and misidentification, a person not having it on their phone can also be charged with a criminal offence. This marks a dramatic and clear shift in government policy on Aarogya Setu from, "encouragement" towards coercion and increases the legitimacy of the demands articulated by the joint representation.
In yesterday's post we released a joint representation signed by 37 organisations and 75 individuals against mandating the use of the Aarogya Setu on workers. After we opened it for further sign-ons this number has grown to 45 organisations and more than 100 individuals who have expressed solidarity against the mandatory imposition of Aarogya Setu on workers. The endorsements are from a broad swathe of Indian society including trade unions, people's movements, digital rights organizations, public health experts, former civil servants and bureaucrats, activists, academics, technologists, journalists, lawyers etc.
A copy of the joint representation was sent today with a covering letter to the Prime Minister's Office with a copy to Ministry of Home Affairs and other central government ministries.
To this we attached a covering letter dated May 2, 2020 which further notes with concern yesterday evening's development of the issuance of Order No 40-3/2020-DM-I(A) has been issued on May 1, 2020 around 6:00 PM by the Ministry of Home Affairs requiring mandatory installation of Aarogya Setu. This goes against the core demands of the joint representation which is attached to this covering letter.
The Order No 40-3/2020-DM-I(A), which has been issued under Section 10(2)(I) of the Disaster Management Act, 2005 mandates for the mandatory installation and operation of Aarogya Setu in two specific ways:
First, after classification of the districts into three zones, for the Red (Hotspots) Zones, a further sub-classification has been made for, โcontainment zonesโ. As per the Order under Section 3(iii), โThe local authority shall ensure 100% coverage of Aarogya Setu app among the residents of Containment Zonesโ.
Second, at Para 15(i) further reference is made for, โall the district magistratesโ to, โstrictly enforce the lockdown measuresโ for, โpublic and workplaces, as specified in Annexure Iโ. This direction extends to all three zones. Annexure I further states at Point No. 15 that, โUse of Aarogya Setu app shall be made mandatory for all employees, both private and public. It shall be responsibility of the Head of the respective Organisations to ensure 100% coverage of this app among employeesโ.
Presently here are no exceptions or conditionality provided in these directions which place emphasis on 100% coverage in effect meaning total and complete mandatory installation of Aarogya Setu for all workers, all across the country. The order further indicates criminal penalties for non-compliance in Paragraph No. 16 that states, โAny person violating these lockdown measures and the National Directives for Covid-19 Management will be liable to be proceeded against as per the provision of Section 51 to 60 of the Disaster Management Act, 2005, besides legal action under Section 188 of the IPC and other legal provisions as applicableโ. The specific provision that may be attracted for prosecution under the Disaster Management Act, 2005 is Section 51(b) that provides for a maximum punishment of up to 1 year for disobedience, and 2 years when such actions may lead to a loss of life. The penalty for conviction under Section 188 of the IPC extends to 6 months imprisonment.
Hence, the mandatory imposition of Aarogya Setu is not only an issue of data privacy but second order harms which spring from it now includes loss of urban mobility, use of public spaces and transit, livelihood and personal liberty for millions of Indians all over India. Specially those without smartphones devices given the lack of any exemption categories.
We at IFF in continuation of this Joint Representation dated May 1, 2020 and through this covering letter have requested specific review of Order No 40-3/2020-DM-I(A) and will also be shortly reaching out to each one of the co-signees and collaborators urging them to send individual letters of concern as much as examine further advocacy actions against this grave breach.
We also remain open to any suggestions and advice on what we can do better, or different not only through our collaborators, but even members of the public. We invite you to write to us, or discuss these issues over at the Internet Freedom Forum.
As stated before we at IFF will continue conducting public advocacy, awareness especially through digital media as well as continue to engage pro-actively with all government institutions on the issues concerning Aarogya Setu. This includes representations, RTI requests as well as other legal remedies which may be examined at an appropriate stage in consultation with IFF's legal team and several lawyers who continue to volunteer thier time and labour towards protecting fundamental rights.
We remain committed working with more organisations and individuals to broaden the scope and improve the impact of interventions around Aarogya Setu. Please do feel free to reach out to us.
Finalized Joint Representation dated 01.05.2020 sent to the Government with the list of signatories (link)
Covering letter dated dated 02.05.2020 sent to the Government (link)
Public call for endorsements on May Day against the mandatory imposition of Aarogya Setu (link)
Comparative Analysis of Aarogya Setu (link)
Working Paper on Privacy Concerns on Technological Responses to COVID-19 in India (link)
Earlier today we facilitated a legal challenge to the Noida Authorities to revoke the mandatory imposition of Aarogya Setu under a threat of criminal imprisonment. As per a legal order those residing or entering Noida have been compelled to install Aarogya Setu. Failing to have Aarogya Setu on your phone would be criminally prosecuted under Section 188 of the Indian Penal Code. To contest this egregious breach of personal liberty, we commenced proceedings of challenge through Ritwik who is an advocate based and residing in Noida. We are making the contents of this representation public to facilitate more people to file similar challenges to Section 144 orders which may arise in different parts of India.
The Government's contact tracing app Aarogya Setu literally means a path to health. But as we explained those who do not install it now risk being criminally prosecuted. This is through a direction issued by the Ministry of Home Affairs on which more than 45 organisations and 100 individuals have asked for an urgent review.
To make this direction actionable, the Noida administration issued an order under Section 144 of the Code of Criminal Procedure, 1973 compelling those residing or entering Noida to install Aarogya Setu failing which they would be criminally prosecuted under Section 188 of the Indian Penal Code. This order was also tweeted by the Police Authorities. A copy of it is linked below.
We have detailed concerns and recommendations on the privacy and second order injuries caused by Aarogya Setu. To us it is a, "privacy minefield". From the lack of legality and safeguards there are good, practical reasons (such as it's impact on the battery life of users, or just not having a smartphone) why many people will refrain from having Aarogya Setu. To put is plainly, to criminally prosecute people for not installing a smartphone application even at the time of a pandemic is illegal. Due to this, we were compelled to take steps to challenge this order.
To activate a challenge to this order, a terse representation was drafted today by Abhinav Sekhri, Advocate to activate a legal process to ensure the personal liberty of all residents of Noida and those who may be seeking to enter it.
This representation is made under Section 144(5) of the CrPC by Ritwick a Advocate and a resident of Noida. The primary grounds of challenge are as follows:
Contrary to law: Section 144 Orders cannot impose positive obligations on persons to do certain acts, such as download and install an App on their Smartphone, but only direct them to โabstain from a certain actโ. Reference may be had to a decision of the Calcutta High Court in Emperor v. B.N. Sasmal [ILR (1930) 58 Cal 1037] where orders under Section 144 directing a person to leave the district were struck down as illegal, and the Court noted that โThe very reason why the section uses the language โabstain from a certain actโ is just because it is not intended to empower magistrates to make positive orders requiring people to do particular things.โ This position was also upheld in Ramanlal Patel [1971 Cri LJ 435].
Contrary to fact: The Impugned Order is also contrary to fact. It is clear that the Advisory issued by the Union Ministry of Home Affairs requires 100% installation of the โAarogya Setu Appโ within Containment Zones and nowhere else (Para 3 of the Advisory). The entirety of District Gautam Buddha Nagar has not been declared a โContainment Zoneโ as per the notifications issued by the State Government, but only a โRed Zoneโ, where 100% installation of โAarogya Setu Appโ is not required as per Lockdown Directives.
Violation of privacy and personal liberty: The Impugned Order amounts to an unconstitutional breach of the fundamental right to privacy secured under Article 21. The โAarogya Setu Appโ collects personal data in the form of medical information to which a reasonable expectation of privacy attaches as identified by the Supreme Court in K.S. Puttaswamy [(2017) 10 SCC 1]. Any sharing of such information requires clear consent, which is missing from prohibitory orders under Section 144, Cr.P.C. which work on a threat of prosecution.
To enable more people -- not only residents of Noida โ to prefer similar challenges we are making a copy of this representation available in google docs so it may serve as a template for necessary action. While this does not constitute legal advice, we hope it accelerates the pace of citizen collaboration to safeguard individual privacy and personal liberty.
We will actively work to ensure that such orders that imperil you do not go unchallenged. As a public centered organization, IFF will conduct rapid responses and relentlessly champion your right to privacy through this pandemic.
Prohibitory Order under Section 144 dated May 3, 2020 [link]
Representation under Section 144(5) dated May 6, 2020 [PDF and Google Docs]
Joint representation by 45 organisations against the mandatory use of Aarogya Setu [link]
Our compartive analysis of the Aarogya Setu App [link]
This just got posted.
Also, Noida police have made not installing the AS app when you go out a crime.
and the Centre has issued instructions for even private firms to mandatorily have its employees install the AS app.
Edited for Update from his Twitter feed: