#Sprinklr
Kerala HC takes up a bunch of petitions challenging the Kerala Government's deal with US-tech firm Sprinklr for processing COVID-19 data.

Adv Jaykar K S states that the reply statement of Government is "very vague" as to whether any data was ever uploaded in the server of #Sprinklr. Main concern is with the data already been uploaded, he says.

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Mere statement in the agreement about privacy policy is not enough to address concerns about data security, submits petitioner
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Mischief has already been done by taking data without consent, submits petitioner.
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"Are you concerned about breach of confidentiality, or are you concerned about mining of data without giving a caveat to people that it was being used by a third party" Justice Devan asks petitioner.

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Adv T Asaf Ali, appearing for Leader of Opposition Ramesh Chennithala @chennithala, making submissions against #sprinklr deal.

Asaf Ali submits that he is challenging the circular dated March 27 directing field workers to collect the data and store the same to server of Sprinklr. At that time, there was no formal contract between Government and Sprinklr
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The contract between Government and Sprinklr came only on April 2 : Asaf Ali for @chennithala
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Data was taken from ignorant people in quarantine and uploaded on the server of @Sprinklr without any security guarantee : Asaf Ali for Opposition Leader Chennithala @chennithala

Justice Devan Ramachandran : Due to the extraordinary circumstances, the information was necessary to be collected.
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Asaf Ali says that the services of government agencies were not employed. The State Govt submission that govt agencies are not capable stands rebutted by the statement of Union Govt that NIC is capable of providing such services, he submits for @chennithala
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Advocate Mathews Nedumpara appearing in a connected matter.
He demands criminal investigation on allegations of malpractices over the #sprinklr deal
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Justice Devan Ramachandran interrupts Nedumpara and asks about his urgency. The allegations will have to responded to by the State, says the judge.

"What is that you want today?", J Devan asks him.

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Justice Devan asks Nedumpara not to take names, when he mentioned the Chief Minister and Leader of Opposition personally.

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"Police is duty bound to register an FIR based on the allegations of Leader of Opposition. This (sprinklr deal) involves corruption to the tune of crores of rupees", Nedumpara submits.

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Justice Devan warns Nedumpara again. Asks him to confine to the point of urgency today. Reminds him that its a vacation sitting, and many other lawyers are waiting for their turn.

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Justice Devan asks Nedumpara does he want the Court to order an FIR straightaway, without hearing the State.

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@Sprinklr @CMOKerala

Nedumpara urges Court to consider directing the Government to pass an Ordinance on Data Protection Law, considering that there is no law for data protection in India.
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Bench now takes up the plea of K Surendran, State Secretary, BJP Kerala.

Adv Krishnadas Nair submits that the concern is with respect to the security of data collection going on as per #sprinklr deal.

Bench now takes up the plea by a data security analyst.
Adv Mathew Kuzhalnadan for petitioner submits that the #spinklr deal does'nt safeguard data privacy.

Nothing prevents @Sprinklr Sprinklr from generating a secondary data out of the data, which is highly marketable he says.

Kuzhalnadan seeks an order restraining @Sprinklr from generating any secondary data out of the data uploaded with it following the contract with Govt.
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Adv Mohammad Shah, for an intervenor, submits that there are reservations about sharing data with a foreign company.
Also, Sprinklr has nor HIPAA certification.

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The very collection of data is unauthorized as per Puttaswamy judgment, submits Sr Adv George Poonthottam.

Persons who gave the data were not put on notice about the purpose of data collection, he submits.

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"There is no allegation by anyone that people were forced to give data. There is one individual before us who says that his daughter's data would not have been shared, if there was information that the data would be processed by a third party foreign company", J Devan.
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Bench now turns to Additional Advocate General.

"Today's proceedings are not incriminatory or recriminatory. That is, we are not finding fault with you or blaming you. Court is fully with you in fight against COVID. But, we are concerned about data security", J Devan to State.

"We dont want that data collected under extraordinary circumstances to be misused anytime in future. We don't want the citizens to be running from pillar to post by going to New York for any breach. These are our concerns", Justice Devan observes.

State has engaged cyber law expert Advocate N S Nappinai from Mumbai to address the concerns of the Court.

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"Was the state in error in not disclosing to individuals that data will be processed by a third party?", Justice Devan asks Nappinnai.

NS Napinnai answers in negative. There is no need to disclose that fact, she says.

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'Is it not possible for an individual to refuse data on the ground that it will be processed by a non-government third party", Justice Devan asks.

Nappinnai says it is possible. But clarifies that it will have to be understood that data has not been given away by state.

"How can you be sure that no breach has taken place as of today?", Justice Devan asks.

"The statement by Govt that a standard form of contract was accepted is worrying us" Justice Devan.

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Napiniah for govt states that there were negotiations to ensure that the concerns of state were protected.

Justice Devan disagrees, and confronts her with the statement of Govt (page 7).
"There is nothing in the statement as to credentials of @Sprinklr", Justice Devan.

Nappinia says that Sprinklr was offering similar dashboard services to WHO.

Justice Devan disagrees "We are aware of the difference between dashboard services and Saas. Anybody can do that. A dashboard person cannot operate Saas", Justice Devan.

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Justice Devan now turns to choice of jurisdiction.
"There are some reports, which we are not relying upon, by statement of government official that New York was chosen because their laws are better. How can we go by that?", Justice Devan.

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"What is worrying is that the IT Secretary took a decision without consulting the law department even though many legal issues were involved. Merely because there is an emergency, you cannot create more problems. The cure cannot be worse than the problem' : Justice Devan.

State counsel submits that contract has clearly defined the purpose of data collection, and the restrictions on use. There is a clear privacy policy.

Submits that individuals' remedy in Indian courts for any breach are still open, as they are not privy to contract.
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'Sprinklr did have access to this data for a short period of time for analyzing and processing" State Counsel submits.

"How do you know that @sprinklr has not committed any breach today", Justice Devan asks.

Counsel submits that data is stored in the AWS cloud in state account.

Justice Devan says that data of 5 lakh persons will not be 'Big Data'.
"Everyone knows that", the judge says.

Nippania says what is 'big data' is a matter of perception.

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Nippania says that there is no question of Sprinklr using the data in future. The agreement is for six months. There is no question of retention of data after the period of the agreement, Nippania says.

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"Do you think that with the present numbers (of COVID in Kerala), a third party processor is necessary?", Justice Devan.

Is Kerala Govt unprepared to deal with even 5 lakh unstructured data, Justice Devan asks.

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Justice Devan Ramachandran refers to the line in the Govt statement that "work so far done is in an experimental manner"

"Why is that you chose a third party in foreign and not the agencies of State or Centre? We are asking this on the basis of Centre that it can offer the same data analytical tool", Justice Devan asks.

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"It would not be an issue, if it is feasible immediately" , Nappinia submits for Kerala Govt.

From my understanding, it is not feasible immediately, she adds.

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Justice Devan puts query to Additional Advocate General.

"Why did you not have any discussion with the Central Government, or any other in-house companies within India? Why is that you suddenly pounced upon @Sprinklr ? We are not finding fault. We want to know", Justice Devan.

Additional Advocate General says the need of the time was to act fast.

AAG says that in 2018 there was a global conclave, and there were deliberations with @Sprinklr since then.

Justice Devan interrupts "Why were the credentials of Sprinklr not given in Statement?".

AAG replies that additional statement can be furnished on Sprinklr's credentials. The present statement is a preliminary one on the point of urgency of the decision in the light of humanitarian crisis.

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"Are you saying that in that conclave only @Sprinklr was there and no other company. Why this company particularly", Justice Devan asks.

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"Were there no other data analytical tool companies in the company?" Justice Devan asks.

AAG says he will file additional statement on that.

Justice Devan further asks about "early COVID-19 days" mentioned in the statement.
"Can it be taken as March 15?", he asks. AAG agrees.