Downloading Of Aarogya Setu App Not Mandatory For Domestic Flight Passengers; Only Optional: Kerala HC Records Statement Of AAI [Read Order]

The High Court of Kerala has recorded the submission made on behalf of the Airport Authority of India (AAI) that the downloading of the Aarogya Setup app is not a mandatory requirement of domestic flight passengers and is only optional.

A single bench of Justice Anu Sivaraman was considering a writ petition filed by one Jackson Mathew challenging the Standard Operating Procedure for recommencement of domestic flights to the extent it directed all departing passengers above the age of 14 years to register with Aarogya Setu app.

When the petition was taken up by the bench for consideration, the Standing Counsel for AAI, V Santharam, told the bench that the SOP has been superseded by subsequent guidelines and that the present guidelines only prescribe as follows :

"passengers are expected to certify the status of their health through the Aarogya Setu App or a self-declaration form"

It was therefore submitted that the downloading of the Aarogya Setup app is not a mandatory requirement and is only optional.

Recording these submissions, the bench posted the writ petition along with the connected matters which challenge the privacy safeguards of Aarogya Setup app.

The petition filed through Advocate Santhosh Mathew and associates also raised concerns about the data protection norms of software and sought a direction to restrain the Central and State authorities from sharing the personal data or anonymised user data collected through the app with third parties.

The petition stated that the SOP of the AAI conflicted with the "unlock" guidelines issued by the Ministry of Home Affairs which merely "advised" passengers to download the contact tracing app developed by the National Informatics Centre (NIC).

"The Aarogya Setu , in its present form -both in terms of the absence of an anchoring legislation, the privacy policies adopted and its mandatory imposition - constitutes a disproportionate invasion of constitutional rights", the plea said.

Last week, the AAI had told the Karnataka HC that the use of the app was not mandatory.

The Central Government had earlier submitted before the Karnataka High Court that the use of Aarogya Setu was not mandatory for travel by air or rail, and that the same was completely voluntary.

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