Our letter to Education Department, Government of Puducherry against mandatory Health ID registration
Recently, it was brought to our notice that the Directorate of School Education of Government of Puducherry has released a circular no. 725/DSE/HSW/AC/A1/2021 for all schools mandating registration of children and their parents for Health ID. The circular reads as “it must be ensured that 100% registration has to be done on or before 08.02.2021.”
We wrote to the Department informing them that the Health Data Management Policy, 2020 categorically states that “participation of an individual in the NDHE will be on a voluntary basis…” meaning that registration to Health ID is voluntary.
However, the circular by the Directorate of School Education is in violation of the the Health Data Management Policy, 2020. It has taken away the element of informed consent, and has made Health ID de-facto mandatory. The circular has not informed individuals that they can choose not to register with the Health ID. In addition to this, the registration of children with the Health ID is being done without informed consent of parents/ guardians.
Any steps taken by the Government must be constitutionally tenable and in consonance with the law laid down in the Puttaswamy case(2017).
Through this letter, we urge the department to kindly withdraw the circular and release a new circular which categorically states that registration to Health ID is voluntary in nature and has the element of informed consent in it.
You can read the letter here:
February 1st, 2021
To,
Shri V. Narayanasamy,
Chief Minister,
Union Territory of Puducherry
Via electronic mail
Respected Sir,
Subject: Request to withdraw mandatory requirement of Health ID registration for school students.
It has come to our notice that the Directorate of School Education of Government of Puducherry has released a circular no. 725/DSE/HSW/AC/A1/2021 for all schools mandating registration of children and their parents for Health ID. The circular reads as “it must be ensured that 100% registration has to be done on or before 08.02.2021.”
This is to inform you that the Health Data Management Policy, 2020 categorically states that “participation of an individual in the NDHE will be on a voluntary basis…” meaning that registration to Health ID is voluntary.
However, the circular by the Directorate of School Education is in violation of the the Health Data Management Policy, 2020. It has taken away the element of informed consent, and has made Health ID de-facto mandatory. The circular has not informed individuals that they can choose not to register with the Health ID. In addition to this, the registration of children with the Health ID is being done without informed consent of parents/ guardians.
Any steps taken by the Government must be constitutionally tenable and in consonance with the law laid down in the Puttaswamy case(2017).
Through this letter, we urge you to kindly withdraw the circular and release a new circular which categorically states that registration to Health ID is voluntary in nature and has the element of informed consent in it.
As an organization working extensively on promoting and protecting digital rights of Indian citizens for a decade, we would be honored to assist you with our research, technology expertise and digital security sessions, to help the cause of preserving and promoting digital rights and freedoms of citizens.
Regards,
Sincerely,
Prasanth Sugathan
Legal Director
SFLC.IN
prasanth@sflc.in
Copy to:
1. P.T Rudra Goud,
Director of School Education,
Government of Puducherry,
Directorate of School Education,
Higher Secondary Wing
About SFLC.IN
SFLC.IN is the first Indian legal services organization that works exclusively on technology, law, and policy. As a not-for-profit organization engaged in the empowerment of Indian citizens about their digital freedom and rights, it operates as a collective bringing together different stakeholders to a common platform to further the cause of digital rights. SFLC.in promotes innovation and open access to knowledge by helping policy makers make informed and just decisions regarding the use and adoption of technology. As of 2020 SFLC.in is the only Indian organization to be inducted as a member of the IFEX, a global network to defend the right to freedom of expression and information.
