The Ministry of Home Affairs (MHA) on Sunday toned down its earlier guidelines on the use of the Aarogya Setu App.
The recent directive on Aarogya Setu App specified that employers ‘on best efforts basis should’ ensure that employees who have compatible mobile phones download the contact tracing app.
In its May 17, 2020 order to extend lockdown till May 31, 2020, MHA said,
“With a view to ensuring safety in offices and workplaces, employers on best effort basis should ensure that Aarogya Setu is installed by all employees having compatible mobile phones. District authorities may advise individuals to install the Aarogya Setu application on compatible mobile phones and regularly update their health status on the app,”
MHA issues order to further extend #lockdownindia till 31.05.2020, to fight #COVID19
New guidelines have permitted considerable relaxations in #Lockdown4 restrictions. States to decide various zones, taking into consideration parameters shared by @MoHFW_INDIA#IndiaFightsCOVID19 pic.twitter.com/AeMHvowaaH— Spokesperson, Ministry of Home Affairs (@PIBHomeAffairs) May 17, 2020
The new guidelines on the Aarogya Setu app noticeably differ from an earlier directive that MHA issued on the contact tracing app in its May 1, 2020 order to extend lockdown.
“Use of Aarogya Setu App shall be made mandatory for all employees, both private and public. It shall be the responsibility of the Head of the respective organizations to ensure 100% coverage of this app among the employees.”
The recent directive on Aarogya Setu App is carefully worded, and it indicates that the center has softened its stance of the contact tracing app. It is not mandatory now.
Supreme Court lawyer and cyber-law expert Pavan Duggal told The Indian Express, “The new guidelines provide multiple exit points for those who do not want to use the app. First, it is not mandatory, that they themselves clarified. Second, the word used is ‘should’. It is more of an advisory. Third, they have said it should be on a best effort basis. The best effort is not defined.
“By making it an advisory, not making it mandatory, the government is encouraging people to walk the walk, but also clarifying that no penal action will be taken,” Duggal said.
Aarogya Setu app traces the movements of COVID-19 patients and alerts users when they come in the proximity of those patients. The app has faced a lot of flak recently for its potential privacy and security flaws. However, the developers of the app and the government stated that there is no vulnerability.