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The Kerala State Government entered into a contract with a US based IT firm Sprinkler, which was given the responsibility of storing and analyzing the data of suspected/confirmed COVID-19 patients. The data were sought to be collected by the State Government and uploaded to the firm’s web server in routine. After scrutinizing and analyzing, data were agreed to be forwarded to the state by firm to develop mechanisms for treatment. Soon controversies mired, and Kerala Government ordered Firm to delete data which was being shared.
Scenario of Controversy
The company received a letter from State on May 16 which stated that the former should delete all back up data of covid-19 patients. A petition was filed by State to quash the contract between both parties. Afterwards, in response to that petition, an affidavit was filed by the company which claimed that remaining backup data was permanently deleted by it which was obtained prior to High Court’s Interim order of April 24.
In that interim order, the Court ordered the company to transfer the data to the State. Even State was directed to anonymous the transferred data of COVID-19 patients as it is a sensitive matter and then again provide that data to Company after completion of identity concealment. Suddenly, the State Government decided that the sole ownership and exclusive possession of the data should remain with it only. The State Government also informed the Court that no role will be played by Sprinkler in analyzing and storing data on its server. Centre for Development of imaging Technology was held to be the authoritative organization to carry out functioning of data scrutiny.
Sensitivity of the matter
The Kerala Government also faced allegations of illegality as it tried to share that sensitive information with a foreign company, which is a penal offence under Information Technology Act. The main concern of the Centre was that data shared should remain safe as it contained information on large populations. An element of trust is involved on behalf of the public, which should not be breached. There should be an assurance of Data protection uploaded to the servers of the Company and it has to be taken care that no malicious activities or monetary gains take place in this process under the garb of welfare.
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