Abstract
One of the major concerns for all countries presently dealing with COVID-19 pandemic is to strike a balance between the privacy rights of the patients and public health surveillance, which is being done through various apps like Aarogya Setu in India, which is needed in the larger interest of the society. Public health Surveillance system although with good intention has to respect the privacy of the people. Supreme Court of India has recognized right to privacy as a part of right to life under the art 21 of the Constitution of India in the Puttaswamy judgment. In this essay, it is argued that the present legal framework regarding the health protection data in India is not sufficient for protecting the sensitive data of the patients although certain steps have been taken but all are in the forms of the bill, namely, Digital Information Security in Healthcare and Personal Data Protection Bill 2019. The essay will also be looking at some of the best practices in the world regarding the protection of health data mainly that of USA and Australia. The essay explains why India will be well ahead in terms of health protection data if we implement all the laws, which are still at the draft stage.
Recommended Citation
Tripathi, Ashutosh Assistant Professor of Law and Research Director and Behl, Tushar law graduate
(2020)
"Protecting the health data of Consumers: Need for an Iron-Clad Law in India,"
International Journal on Consumer Law and Practice: Vol. 8, Article 7.
Available at:
https://repository.nls.ac.in/ijclp/vol8/iss1/7
