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Data Privacy Safeguards Are Sine Qua Non For Protecting Privacy Of Citizens Particularly When An App Is Required To Be installed At The Instance Of State: Meghalaya HC

The Meghalaya High Court has held that data privacy safeguards are sine qua non for the purpose of protecting the privacy of citizens, particularly when an app is required to be installed by a citizen at the instance of the State. A Division Bench comprising of Chief Justice Biswanath Somadder and Justice HS Thangkhiew made this observation while presiding over a PIL challenging the mandatory imposition of “Corontine App” and “Stay Safe Meghalaya App”— contact tracing apps of the state government. The two apps were introduced by the Meghalaya Government and all persons who were recommended for home quarantine/ isolation were mandated to download them. A law student, Jade J. Lyngdoh, had challenged the Government order stating that the Apps may compromise privacy of the citizens due to lack of protection of personal sensitive data. In its judgment, the Court observed,”Undoubtedly, data privacy safeguards are sine qua non for the purpose of protecting the privacy of citizens, particularly when an ‘APP’ such as a CORONTINE APP or a STAY SAFE MEGHALAYA APP is required to be installed by a citizen at the instance of the State.”


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