CMO Bulk Messaging Issue: Kerala High Court To Hear Next Week Appeal Alleging Privacy Violation Of Govt Officials, Judges

The Kerala High Court on Thursday (March 26) said that it will hear next week an appeal challenging single judge's order dismissing a plea alleging privacy violation of government employees and judges by the Chief Minister's Office by sending bulk messages to their phone numbers. It was alleged by the appellants that these numbers were illegally accessed from SPARK [Service Pay Roll Administrative Repository for Kerala].When the matter came up before the Division Bench of Justice Satish Ninan and Justice P. Krishna Kumar, the Court orally said that it would hear the matter finally next Tuesday (March 31).The Single Judge had dismissed the plea finding that the messages challenged refer to informational aspects, regarding enhancement of Dearness Allowance and the house building advance, and were sent as part of good governance of Welfare State. It was found that there were privacy violations as alleged since the messages were sent by Kerala State IT Mission (KSITM), a part of government of Kerala and that the impugned message was sent through the Whatsapp account registered in the name of KSITM by using the data in its possession.Challenging the dismissal, the writ petitioners have filed the appeal stating that the Single Judge watered down the question to whether the data was used for legitimate purpose when the first question that ought to have been considered was whether the appellants had consented to disseminate their personal contact numbers for the purpose of sending the messages.Further, it is stated that the Single Judge wrongly concluded that the State can 'peep into the privacy' of its citizens since the Digital Personal Data Protection Act (DPDP Act) has not fully come into force."When Section 2 of the DPDP Act is a notified provision and has come into effect, the learned Single Judge ought to have considered the impact of the legislation and the requirement of adherence of the procedure provided under the DPDP Act...A constitutional court considering the question of violation of privacy ought to have considered the protection that is envisaged instead of coming to the conclusion that the State can peep into the privacy of its citizens until the provisions are given effect with penal consequences. Therefore, the very perspective based on which the right to privacy has been considered by the learned Single Judge is on faulty premise resulting in wrong legal conclusion. Resultantly, the learned Single Judge came to the conclusion that the State can intrude into the privacy of its citizen until the provisions of the DPDP Act are given effect. The said conclusion is even contrary to the judgment in Puttuswamy..., as dealt with in detail," state the appellants.The appellants have also raised other grounds in their appeal, including that the Single Judge wrongly came to the conclusion that the messages have been disseminated for legitimate purpose when the messages were sent at the eve of the upcoming elections:"The messages were disseminated at the eve of the upcoming elections in the State of Kerala that too based on assurance. When that be so, the messages sent by the respondents can be viewed only as a political agenda and propaganda for the upcoming elections, for which the Government and the machinery cannot be used as a tool."As an interim relief, the appellants have sought for the stay of the Single Judge's judgment till the disposal of the writ appeal.The matter is now posted on Tuesday (March 31) for hearing.The petition is moved by Advocates George Poonthottam (Sr.), Nisha George, A.L. Navaneeth Krishnan and Kavya Varma M.Case No: WA 746 of 2026Case Title: Dr. Rasheed Ahammed P. and Anr. v. State of Kerala and Ors.

CMO Bulk Messaging Issue: Kerala High Court To Hear Next Week Appeal Alleging Privacy Violation Of Govt Officials, Judges

K. Salma Jennath

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