There are sufficient confidentiality clauses in the agreement that give the government full control and right over the data, the affidavit said. “Even after the contract is terminated, Sprinklr will not have any data,” he said. “The second respondent (Union) is the authority that should approve such decisions of the State. It is a sad truth that the second respondent was never consulted prior to the execution of the so-called agreement and that his consent was never sought. The first defendant submits that important decisions which require the agreement of the Government of the Union may be given by an agreement and that the decisions it has taken have priority`, states the plea of a relevant part of the agreement concluded with Sprinklr on data protection. The deal with Sprinklr sparked widespread political controversy within the state, with the opposition claiming serious irregularities in the treaty. The data was collected in the field through a mobile medical app developed by Sprinklr. The UDF alliance and the Congress-led BJP rejected the deal and said the deal risked important health data from thousands of people without their consent. “Within thirty (30) days of the effective date of termination and upon request, Sprinklr will extract customer`s available content from the Platform. Both sides will agree on an acceptable transfer method,” the agreement says. Mr Sivasankar, the IT secretary, said in media interviews on Saturday that the agreement was reached in the context of public needs created by the COVID-19 pandemic. He acknowledged that the opinion of the legal service was not before the contract because of the emergency situation. The IT secretary rejected the allegations of data theft and said the state has ultimate control over the data and the company only processes it to present the information in a structured form.
The government said the choice of jurisdiction at New York Courts was a standard contractual form for companies like Sprinklr, which is headquartered in the United States. “The government has negotiated a very viable agreement that guarantees both legal and technical certainty of the data collected and processed,” he said. The order published Wednesday mentions that the agreement is in effect from March 25 to September 24 or the end of the COVID-19 pandemic, whichever is earlier. The two letters of affirmation that were sent on the 11th and 12th However, there are strong differences and changes tone regarding the date. The petition seeks to order the state government to separate the agreement with sprinkler and appoint a government IT company that stores and analyzes COVID-19 information. The end date of the contract is indicated as before, i) September 24, 2020 and/or ii) the end of the COVID 19 pandemic, as mutually agreed between the parties. It is provided that the duration of the contract will be extended by mutual written agreement between the parties (a “renewal period” each). Data retention and support requirements are in accordance with the Silver and Standard categories of the Sprinklr Service Level Agreement (SLA). .