The Central Information Commission issued a notice to the government and asked it to explain RTI’s evasive response on creating the Aarogya Setu app, the contact tracing app that has millions of user data. The RTI body called the government’s response “extremely absurd.”
The RTI application, filed by Saurav Das, had sought information about the creation of the app in light of the privacy concerns surrounding it. Government officials from the National Informatics Center (NIC) and the National Electronic Governance Division (NeGD) and the Ministry of Electronics and Information Technology (MeitY) declined to comment on the question posed by Das, prompting him to submit an appeal to the CIC. The app has been particularly controversial as news reports and data privacy activists have alleged that the app collects information and stores it.
“The CPIO (central public information officer), NIC submissions that all the file related to application creation is not with NIC is understandable, but the same submissions if accepted from MeITY, NeGD and NIC in full , then it becomes more relevant for Now find out how an App was created and there is no information with any of the relevant public authorities, “said the CIC in its order dated October 26.
Furthermore, it has directed NIC, which manages the creation and maintenance of the government websites, to explain how the website was created with a government extension if the ministry did not have information about it.
“The Commission observed that none of the CPIOs provided information. Therefore, the Commission instructs the CPIO, NIC to explain this matter in writing of how the website https://aarogyasetu.gov.in/ was created with the domain name gov.in, if they do not have information about it, ” Said the CIC.
“None of the CPIOs could explain anything about who created the application, where the files are, and the same is extremely absurd,” the order adds.
The order has taken note of the decisions of the Supreme Court in Namit Sharma v Union of India 2012 (8) SCALE 593 in which it was held that “the purpose and object of the enactment of the RTI Law was to make the government more transparent and accountable to the public and guarantee access to information to all citizens of public authorities ”.
MeitY officials, however, said the government will comply with the CIC’s orders.
“In accordance with the orders of the CIC, the CPIOs for MeitY, NeGD and NIC were ordered to appear on November 24, 2020. MeitY is taking the necessary steps to comply with the orders of the CIC,” MeitY said in a statement.
The statement added that the app was developed in record time to combat the prevalent Covid-19 outbreak and that its source code and the names of those associated with the app’s development are available on the open domain.
“Regarding the above, it is clarified that there should be no doubts regarding the Aarogya Setu application and its role in helping to contain the Covid-19 pandemic in India. The Aarogya Setu app was launched by the Government of India as a public-private partnership to unite the people of India in their fight against Covid-19, ”the ministry said.
“Since April 2, 2020, press releases and regular updates on the Aarogya Setu application have been published, including the open domain source code being made available on May 26, 2020. The names of everyone associated with the application development and application ecosystem management. in various stages it was shared when the code was launched on Open / Public Domain and it was also widely shared in the media, ”added the ministry.
The CIC has asked for clarification on who created and maintained the application, especially considering that the platform is designed, developed and hosted by NIC.
“Also, according to the website, it is mentioned that the content is owned, updated and maintained by MyGov, MeitY. Therefore … aimed at explaining in writing who is the CPIO in question to explain regarding MyGov, MeiTY that maintains the application. The platform is designed, developed and hosted by the National Center for Informatics, Ministry of Electronics and Information Technology, Government of India, so how come they don’t have any information about the creation of the application? ”Said the Commission in its order.
The Commission has ordered the agencies’ CPIOs to appear in court on November 24.
“The Commission is obliged to issue a notice of demonstrative cause to the interested CPIOs,” he added. It has asked the three CPIOs to make written submissions detailing their role in creating the website https://aarogyasetu.gov.in/ with the domain name gov.in. “The CPIO, NeGD will also explain the delay of approximately 2 months in responding to the RTI request. The Commission orders the aforementioned CPIOs to appear in court on November 24, 2020 at 1:15 p.m. to prove the cause why no action should be taken against them under article 20 of the RTI Act. CPIOs must also send a copy of all supporting documents that they choose to rely on during the hearing, ”the order said.
It has also asked why they should not be penalized under the RTI Act “for prima facie obstructing information and giving an evasive response.
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