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The Centre's Tele MANAS helpline has provided over 2 lakh consultations since its nationwide launch, yet it lacks a data privacy policy, as indicated by an RTI response from the helpline's nodal agency, Nimhans.
The union government launched Tele MANAS last October as a comprehensive tele-mental healthcare service. The helpline is coordinated by Nimhans, with each state providing the service through its own institutions.
Platforms that handle sensitive personal data, such as mental health records, should be required to have a privacy policy according to the IT Act and the recently enacted Digital Personal Data Protection Act. They should also ensure that users sign a consent form regarding their data beforehand. The policy should also outline users' rights and establish mechanisms for addressing grievances in case of data misuse.
Shivangi Rai, Deputy Coordinator at the Centre for Health Equity, Law, and Policy (C-HELP), which filed the RTI, stated, 'In the absence of a privacy policy, users would not know which aspects of the data they disclosed would be recorded, how it would be used, and with whom it might be shared.'
This is concerning, as several instances of health data breaches were recorded in India recently, such as the leaking of Covid patients' data which led to discrimination, and the cyberattack on AIIMS servers.
According to the RTI response, between last October and April, the helpline had provided 5,153 consultations across Karnataka.
Patient data is stored in cloud services provided by companies approved by the Centre's Ministry of Electronics and Information Technology.
In response to C-HELP's RTI queries about the type of patient data recorded, who can access it, and whether the helpline has a Data Protection Officer, Nimhans only responded that the information does not fall within the purview of RTI. Rai noted that the institution did not explain why this information was not covered by RTI, leading them to file an appeal with the Information Commission.
The RTI reply dated July 31st mentioned that the privacy policy is currently being prepared and should be ready within 3-4 weeks.
Nimhans Director Dr Pratima Murthy told DH that the central government is still in the process of finalising the policy.
In the absence of a privacy policy, users would not know which aspects of the data they disclosed would be recorded, how it would be used, and with whom it might be shared, said Shivangi Rai, Deputy Coordinator, C-HELP.