Kerala HC restrains CMO's hands; flays use of employees' data as violation of privacy

Kochi: The Kerala High Court on Tuesday flayed the Chief Minister’s Office (CMO) for pulling personal data of government employees to send them individually addressed promotional messages about the government's actions.

The Court observed that the government's act in accessing and using personal data to propagate the government's achievements amounted to intrusion into privacy.

Hearing a petition challenging the alleged use of employees’ contact details from official databases, the Court questioned how the CMO obtained information from the software, Service Payroll Administrative Repository for Kerala (SPARK).

It pointed out that earlier orders clearly stipulated that personal data collected for official purposes must not be used for any other purpose.

“How did these private details reach the Chief Minister?” the Court asked, terming the allegations grave.

The Bench observed that the government’s action, prima facie, amounted to an invasion of privacy.

It also remarked that the State was disseminating information that people had not sought.

The Court repeatedly sought to know from the government the source of the data and under what authority it had been accessed. The bench also wondered whether any individual could obtain the same data about employees.

It issued notice to the State government seeking a detailed explanation on the issue.

During the hearing, the government pleader informed the Court that no further messages would be circulated until the matter is taken up again.

Recording the submission, the Court made it clear that messages should not be sent in the interim.

The High Court further directed the government to file a detailed affidavit specifying how many messages had been sent from the CMO and to how many individuals and also asked the government to clarify the method used to obtain the data and how it was used. .

The case is scheduled to be considered again on February 27, Friday.

The observations assume additional significance as the state is approaching assembly election and such messages with claims of the government's achievements are a case of political propaganda in disguise.

The Court’s prima facie finding of a privacy breach places the focus squarely on data governance practices within the government.

However, the Pinarayi government was able to heave a sigh of relief as another survey titled 'Nava Kerala Survey' (New Kerala Survey) about socio-economic status of the state was stopped by the High Court, but on Tuesday the Supreme Court stayed that HC order.. The court also asked the state to file a statement about the expenses of thes survey, while posting the next hearing for April 13.

(IANS input)