Who Created Arogya Setu App? Neither Chief Public Information Officers (CPIOs) Nor NIC Knows, (CIC) Commission Issues Notice to Ministry
(Judicial Quest News Network)
The Central Information Commissioner on Tuesday issued a Show notice to Ministry of Electronics and Information Technology and NIC including several Chief Public Information Officers (CPIOs), National Governance Division (NeGD), seeking response from all.
The Application which under use by Crores of people.
The Complainant Mr. Saurav Das had sought the information pertaining to the development of Arogya Setu Aap and asked the concerned authorities to provide certified copy of the entire file related to the creation of the Arogya Setu Aap.
The sought to know the origin of proposal, approval details, companies, people, govt. departments involved, file noting related to aap, comments on fie by various officers, copies of communications between private people involved in making/developing the aap and the government departments concerned etc.
The Complainant submitted that the CPIO, NEGD and Ministry of Electronics & Information Technology did not provide any information.
The complainant had requested to hold a hearing on an urgent basis due to the immense public interest in the matter and need for immediate public scrutiny. He also had pointed out that any failure by the public authorities to perform their duties as outlined in the protocol, 2020 and its failure to inform the usage or people’s personal and user data will have a severe and irreversible detrimental affection people’s right to privacy and therefore their fundamental right to life and liberty.He also submitted that the Arogya Setu Aap will be rendered useless once the pandemic is over. In such a situation, if the normal time period of waiting is followed, it would take almost 2 years for the first hearing to come up before this Commission. He further submitted that this would lead to the matter becoming infructuous and of no use. Therefore, there is an urgent need to act and hear this matter urgently and on priority basis.
The Commission accepting the matter as related to right to privacy which is an essence of right to life and liberty deemed it fit to provide an opportunity of early hearing to the complainant and accordingly the hearing was fixed on priority basis.
He further submitted that he filed this RTI application seeking to get information about the process of creation of Aarogya Setu App and other information relating to its creation. He further clarified that the present RTIalso contains a few points which were also asked to the NIC vide RTI with reg. no. NICHQ/R/E/20/00283 dt. 01/08/2020. It was noted by the Commission that the referred RTI was adjudicated by the Commission in case no. CIC/NICHQ/C/2020/685079 on 22.10.2020.
He further submitted that due to the many credible media reports questioning the Aarogya Setu App and its making and handling, it is of utmost importance to bring transparency in the making and current handling of this App, which collects vast amounts of user and personal data of individuals. If the right to privacy is breached due to inept handling of people’s personal and user data, it will be a breach to one’s right to life and liberty. The information as asked for would fall under the category of threat to life and liberty of millions of Indians and if the urgent hearing is not provided, the matter will become infructuous and it is the mandate of the Commission to prioritise matters pertaining to one’s, but in this case, millions of Indians’ liberty on priority. This will be in larger public interest involved in the matter.
After hearing the averments of all the concerned parties and also the CPIO NIC who was present in this case on the basis of oral direction by the Commission, the denial of information by all the concerned authorities cannot be accepted at all.
The CPIO, NIC’s submissions that the entire file related to creation of the App is not with NIC is understandable, but the same submissions if accepted from MeITY, NeGD and NIC in toto, then it becomes more relevant to now find out how an App was created and there is no information with any of the relevant public authorities
The Commission observed that none of the CPIOs provided any information. Therefore, the Commission directs the CPIO, NIC to explain this matter in writing as to how the website https://aarogyasetu.gov.in/ was created with the domain name gov.in, if they do not have any information about it. Moreover, the registry is directed to send an e-mail to the e-mail idsupport.aarogyasetu.gov.in as mentioned in the website directing them to send the concerned authority to be present before the Commission on the next date of hearing. Keeping in view the above ratio, the Commission took cognizance of the present complaint u/s 18(f) of the RTI Act and as per the mandate under that provision is of the view that it is necessary to identify the source/ custodian of information in respect of the complainant’s request for obtaining access to records under this Act. The addressees cannot simply wash their hands off by stating that the information is not available with them. Some effort should have been put in to find out the custodian(s) of the information sought, by the concerned public authorities when apparently, they are the relevant parties
In view of the above observations, the Commission is constrained to issue a show cause notice to the concerned CPIOs
1. Shri S.K Tyagi, Deputy Director and CPIO,
2. Shri D K Sagar, Deputy Director Electronics
3. Shri R A Dhawan, Senior General Manager (HR & Admn) and CPIO NeGD
4. Shri Swarup Dutta, Scientist F and CPIO NIC
to explain why penalty u/s 20 of the RTI Act should not be imposed on them for prima facie obstruction of information and providing an evasive reply. The CPIO, NIC to shall also submit written submissions detailing their role in creation of the website https://aarogyasetu.gov.in/ with the domain name gov.in. The CPIO, NeGD shall also explain the delay of about 2 months in replying to the RTI application.
The Commission directs the above-mentioned CPIOs to appear before the
bench on 24.11.2020 at 01.15 pm to show cause as to why action should not be initiated against them under Section 20 of the RTI Act. The CPIOs are also directed to send a copy of all supporting documents upon which they choose to rely upon during the hearing.
