DPH’s contact tracing app is still employed by the government agency to date and is repeatedly reinstalled on plaintiffs’ cell phones after they delete it, surveilling their every move.

“When some Android device owners discovered and subsequently deleted the App, DPH would re-install it onto their devices,” the complaint states. “These secret installations not only invade owners’ reasonable expectation of privacy, but they also intrude upon owners’ property right in their mobile devices by occupying valuable storage space. Because the Massachusetts and United States Constitutions prohibit governmental entities from unreasonable searches and uncompensated takings, this Court should enjoin DPH’s unconstitutional scheme.