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Rajeswari v. Union Of India & Ors

Rajeswari v. Union Of India & Ors

(Supreme Court Of India)

WRIT PETITION (CIVIL) NO. 699/2021 | 30-10-2023

1. We are not inclined to proceed further with the present writ petition, as it is clear from the counter affidavit filed by respondent no. 2 – Telecom Regulatory Authority of India (TRAI) that the cellular mobile telephone number once deactivated for nonusage or disconnected on the request of subscriber, is not allocated to the new subscriber for at least a period of 90 days. It is for the earlier subscriber to take adequate steps to ensure that privacy is maintained. The subscriber can prevent misuse of WhatsApp data by deleting the WhatsApp account attached with the previous phone number and erasing the WhatsApp data stored on the local device memory/cloud/drive. Further, as per the information available on the WhatsApp help center, to eliminate enmesh/ confusion in case of re-cycled phone numbers, they monitor account inactivity, and when an account is inactive for 45 days and then the account is activated on a different mobile device, the old account data is removed.

2. Recording the aforesaid, the writ petition is dismissed.

3. Pending application(s), if any, shall stand disposed of.

Advocate List
  • Petitioner-in-person

  • Mr. Sanjay Kapur, AOR Mr. Arjun Bhatia, Adv.

Bench
  • HON'BLE MR. JUSTICE SANJIV KHANNA
  • HON'BLE MR. JUSTICE S.V.N. BHATTI
Eq Citations
  • NON-REPORTABLE
  • 2023/INSC/968
  • (2024) 2 SCC 604
  • LQ/SC/2023/1199
Head Note

Constitution of India — Art. 32 — Right to privacy — WhatsApp data — Protection of — Cellular mobile telephone number once deactivated for nonusage or disconnected on request of subscriber, not allocated to new subscriber for at least a period of 90 days — It is for earlier subscriber to take adequate steps to ensure that privacy is maintained — Subscriber can prevent misuse of WhatsApp data by deleting WhatsApp account attached with previous phone number and erasing WhatsApp data stored on local device memory/cloud/drive — Further, as per information available on WhatsApp help center, to eliminate enmesh/confusion in case of re-cycled phone numbers, they monitor account inactivity, and when an account is inactive for 45 days and then account is activated on different mobile device, old account data is removed — Writ petition dismissed — Information Technology, IT Act, 2000 — S. 67 — Privacy — Right to privacy — Protection of