Kerala HC takes up the writ petition filed challenging the Kerala Govt contract with US-company Sprinklr for processing data of COVID-19 patients on the ground of breach of data privacy.
Adv Jaykar S, for petitioner, submits that ASHA workers and Junior Health Workers were given a mobile app developed by Sprinklr to collect data pertaining to COVID-19 patients and their primary contacts.
The bone of contention is regarding the 'sensitive personal data' collected through the App and sent and stored in the web server of the 'Sprinklr' company.
'We are not concerned about the location of the server, whether in Mumbai or Bangalore. We are concerned that the data of about 1.5 lakh persons are stored in the server of a foreign company', submits petitioner.
#Sprinklr
#KeralaHC
Petitioner says the health data is 'sensitive personal data/information' as per the Information Technology Sensitive Personal Data Rules 2011.
The authority given by the State government to Sprinklr to collect sensitive data is bad in law, submits petitioner.

The data is not taken with the consent of the donor, he submits.
Justice Devan Ramachandran asks how can court determine the question whether data was taken with the consent of persons in a PIL, when those persons are not before the Court.
Justice Devan asks if the grievance of the petitioner is that data was collected from persons without telling that the same will being processed by a third party.

Petitioner replies in the affirmative.

#sprinklr
Justice Devan says that the contract is not produced in the writ petition. The writ petition has no documents, the bench says.
Kerala Government tells HC that the contract was necessary in the compelling circumstances created by COVID-19 pandemic.
Justice Devan asks where is the guarantee that the data with the #Sprinklr will remain confidential.

What was the requirement of a third party service provider, asks Justice Devan.

#KeralaHC
Why do you require an Saas now, when the (COVID-19) numbers are low, asks Justice Devan.

#sprinklr
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