The coronavirus pandemic has affected India severely and the number of cases in the country is among the highest in the world. Due to these dire circumstances, the need for data analysis and monitoring of citizens has increased. Apps like Aarogya Setu have been introduced by the government. However, with this surveillance, there should be a sense of responsibility and a body of laws that are to be followed by the government.

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Tracking methods used in India
The Indian Government has introduced the Aarogya Setu app which, along with other apps developed by State Governments, use contact tracing methods to track the location of infected patients. Using this method, mapping techniques are used which can keep a record of Covid-19 hotspots.

The Government has also developed a method using telecom science that sends message alerts and emails to patients who have broken quarantine rules.

The State Governments have introduced their own ingenious ways of tracking Covid-19 patients. The Karnataka government asks patients to send a picture of themselves every one hour, along with a geotag. Tamil Nadu is using facial recognition technology and geofencing methods. The Maharashtra municipal corporation has been developing heat maps to understand the spread of the disease.

There have been some questionable and crude methods used in some states. In New Delhi, posters were pasted outside the homes of infected individuals. In Rajasthan, personal details of patients were published.

The Right to Privacy of Indian Citizens
The authorities have been using the Natural Disaster Management Act 2005 and the Epidemic Diseases Act 1897, to question the legitimacy of the actions being taken by the government. The Indian Government has declared that the data collected will be encrypted and no personal details such as name, age, sex, etc will be released. However, there have been violations by the State Governments as mentioned above.

The apprehension towards this government surveillance still remains and is unlikely to go away anytime soon.

As per the Supreme Court, the right to privacy is a fundamental right, and a fundamental right is not absolute and can be overridden by the Central and State Governments.


Conclusion
This situation needs to be handled with utmost caution. While the collection of data due to the coronavirus pandemic makes sense, the need for safeguards and binding laws to be introduced is imminent. If proper caution and laws are not followed, the Government may be successful in containing the spread of the virus, but it will result in irreparable damage to the constitutional fabric.

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