Kerala High Court Criticizes Chief Minister's Office Over Alleged Bulk Messaging Campaign
The Kerala High Court on Tuesday delivered a stern rebuke to the Chief Minister's Office (CMO) regarding an alleged bulk messaging campaign conducted ahead of the upcoming state assembly elections. The court expressed grave concerns over the potential unauthorized access to private data, labeling the allegations as extremely serious.
Court Questions Data Source and Privacy Intrusion
During the hearing, the bench of Justice Bechu Kurian Thomas made pointed oral observations, indicating that, prima facie, there appeared to be a significant intrusion into individual privacy. The court emphasized that unless the government can convincingly demonstrate that no data leakage or rights violations occurred, it must immediately cease any further dissemination of such messages.
The court posed critical questions: "How did the chief minister get this data? Who sent this data? What protection exists for individual data if it is accessible to everyone? If it is not the chief minister, then it is somebody else — somebody else has access to it."
Petitioners' Allegations and Government Response
The case was brought before the court through a petition filed by Malappuram KTM College associate professor P Rasheed Ahamed and another petitioner. They challenged the bulk messaging campaign, alleging that the CMO illegally accessed mobile numbers of citizens, particularly government employees, which had been collected for various official purposes.
In response to the court's strong criticism, the special government pleader, representing the state government, gave an undertaking that no further messages highlighting the achievements of the LDF-led government would be sent to citizens via mobile numbers or email IDs.
Court Demands Explanation and Investigation
The bench recorded this submission and directed the state government to provide a detailed explanation regarding the source of the personal data used for the bulk messaging campaign by next Friday. The court has adjourned the petition to February 27 for further consideration.
Additionally, the court urged the state government to satisfy it that the private data of citizens had been accessed through proper, lawful channels. The petitioners pointed out that the messages were sent from a business account maintained by the CMO, prompting the court to inquire about the nature of this 'business account' and who manages it.
Allegations of Data Access from SPARK Software
The petitioners further alleged that the government accessed details of government employees from the Service and Payroll Administrative Repository for Kerala (SPARK) software, which is utilized for salary disbursement. They claimed that messages had also been sent to judges, as their particulars are similarly recorded in the software for salary purposes.
Noting these allegations, the court observed that the matter involves a potential data leak, which is particularly alarming given the categories of individuals referenced in the petition. The court reiterated that it would be a serious issue if the government had indeed engaged in such actions and sought a report on the number of messages sent from the CMO to individuals.
The court's intervention underscores growing concerns over data privacy and the ethical use of personal information in political campaigns, setting a precedent for accountability in digital governance.
