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2021 Supreme(Megh) 36
IN THE HIGH COURT OF MEGHALAYA
Biswanath Somadder, H.S. Thangkhiew, JJ.
Jade Jeremiah Lyngdoh - Appellants
Vs.
Union of India and Ors. - Respondent
PIL No. 6 of 2020
Decided On : 02-02-2021
For the Appellant : K. Paul
For the Respondents:N. Mozika, ASG, J. Nongrum, A. Kumar, Advocate General and A. Kharwanlang, GA
Data privacy safeguards are essential for protecting the privacy of citizens, especially in the context of mobile applications required to be installed by citizens at the instance of the State.
Headnote:
PRIVACY - Data Privacy in the Context of Mobile Applications - The court emphasized the importance of data privacy safeguards in protecting the privacy of citizens, particularly in the context of mobile applications required to be installed by citizens at the instance of the State. The court directed the concerned authorities to conduct a thorough inquiry to ensure that any private or personal data collected from the citizens through the two applications is not misused or disseminated.
Fact of the Case:
The writ petition was filed as a Public Interest Litigation (PIL) regarding the privacy of citizens in Meghalaya being compromised due to lack of protection of personal sensitive data collected by two applications, CORONTINE APP and STAY SAFE MEGHALAYA APP, which were discontinued by the State.
Finding of the Court:
The court directed the respondent Nos. 4 and 5 to conduct a thorough inquiry to ensure that any private or personal data collected from the citizens through the two applications is not misused or disseminated, while adhering to all privacy protocols in place in Meghalaya and India.
Issues: Privacy of citizens in Meghalaya due to lack of protection of personal sensitive data collected by the two applications.
Ratio Decidendi: Data privacy safeguards are essential for protecting the privacy of citizens, especially when mobile applications are required to be installed by citizens at the instance of the State.
Final Decision: The writ petition stands disposed of with a direction upon the respondent Nos. 4 and 5 to conduct a thorough inquiry to ensure that any private or personal data collected from the citizens through the two applications is not misused or disseminated, while adhering to all privacy protocols in place in Meghalaya and India.
JUDGMENT :
1. This writ petition has been filed as a Public Interest Litigation [PIL] by one Shri Jade Jeremiah Lyngdoh.
2. The issue in this writ petition centers around two applications softwares (commonly referred as 'APP'), namely, CORONTINE APP and STAY SAFE MEGHALAYA APP, which were in operation at the height of the COVED pandemic, but has since been discontinued by the State. The specific contention of the writ petitioner is with regard to privacy of the citizens - particularly those residing in Meghalaya-being compromised due to lack of protection of personal sensitive data of those citizens collected by means of the two 'APPS'.
3. 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. Although it appears during the course of hearing of the instant matter that these two 'APPS' have been discontinued, it is the bounden duty, nay, an absolute obligation on the part of the concerned authority of the State to preserve, protect and safeguard the private and personal data of its citizens so that someone somewhere does not breach the walls of privacy and utilize the private and personal data of the citizens collected by these two 'APPS' for such purposes other than the specific purpose for which the two 'APPS' were created.
4. As such, we are of the view that the instant writ petition can be disposed of with a direction upon the respondent Nos. 4 and 5 to look into the specific allegations made by the writ petitioner - as contained in the pleadings -by causing a thorough inquiry in respect thereof and ensure that any private or personal data collected from the citizens who have used the two 'APPS' are not misused or disseminated in any manner. Needless to mention that while embarking upon this exercise, the respondent Nos. 4 and 5 shall adhere to all privacy protocols that are now in place in the State of Meghalaya as well as in India.
5. The writ petition stands disposed of accordingly.
