wordpress blog stats
Connect with us

Hi, what are you looking for?

Delhi HC disposes off petition challenging Draft Health Data Management Policy

The Delhi High Court on Thursday disposed off a petition challenging the Draft Health Data Management Policy floated by the central government to govern data under the National Digital Health Mission. The petitioners, disability rights activist Dr. Satendra Singh and lawyers from digital rights group Internet Freedom Foundation (IFF), raised several issues around the consultation period, which was initially just a week, and later extended by another week.

The bench, consisting Chief Justice D.N. Patel and Justice Prateek Jalan, directed the central government to consider the issues raised by the petitioner with regard to the policy, including concerns around the consultation process. “The suggestions you made will be considered by the government, prior to closing consultations. They will come up with reasons why [the] consultation has been done in a certain manner. The grievance you have can be raised after the policy is finalised, if you find that the policy is inadequate or unreasonable,” Justice Jalan said.

“The ground of inadequacy of the consultation process are permitted to be raised as and when such policy is challenged [after it is finalised]. The grounds [around the consultation process] are not decided by this court,” Chief Justice Patel said. “Don’t let the procedural complications become so cumbersome that the government is discouraged to go for a pre-legislative process unless statutorily mandated,” Justice Jalan said.

Internet Freedom Foundation was represented by lawyers Rajshekhar Rao and Vrinda Bhandari.

The Draft Health Data Management Policy is an expansive and broad policy the will govern all the data under the National Digital Health Mission. It will govern how sensitive personal data, which includes financial, sexual, and health data, will be managed by private and government players in the ecosystem. The policy was made public on August 26, asking for all public inputs to be submitted by an unreasonable timeline of just a week. After criticism, the deadline was extended by just another week to September 10.

Advertisement. Scroll to continue reading.

Petition details: W.P. 5959/2020

This story will be updated with the court’s order when it becomes available.

Written By

I cover health, policy issues such as intermediary liability, data governance, internet shutdowns, and more. Hit me up for tips.

MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.

Views

News

The US and other countries' retreat from a laissez-faire approach to regulating markets presents India with a rare opportunity.

News

When news that Walmart would soon accept cryptocurrency turned out to be fake, it also became a teachable moment.

News

The DSCI's guidelines are patient-centric and act as a data privacy roadmap for healthcare service providers.

News

In this excerpt from the book, the authors focus on personal data and autocracies. One in particular – Russia.  Autocracies always prioritize information control...

News

By Jai Vipra, Senior Resident Fellow at Vidhi Centre for Legal Policy The use of new technology, including facial recognition technology (FRT) by police...

You May Also Like

Advert

135 job openings in over 60 companies are listed at our free Digital and Mobile Job Board: If you’re looking for a job, or...

News

Rajesh Kumar* doesn’t have many enemies in life. But, Uber, for which he drives a cab everyday, is starting to look like one, he...

News

By Aroon Deep and Aditya Chunduru You’re reading it here first: Twitter has complied with government requests to censor 52 tweets that mostly criticised...

News

Google has released a Google Travel Trends Report which states that branded budget hotel search queries grew 179% year over year (YOY) in India, in...

MediaNama is the premier source of information and analysis on Technology Policy in India. More about MediaNama, and contact information, here.

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ

Subscribe to our daily newsletter
Name:*
Your email address:*
*
Please enter all required fields Click to hide
Correct invalid entries Click to hide

© 2008-2021 Mixed Bag Media Pvt. Ltd. Developed By PixelVJ