Kerala HC flags privacy concerns in CMO's bulk messages to government employees before polls

The Kerala High Court on Tuesday raised serious concerns over the alleged use of personal data belonging to government employees by the Chief Minister's Office (CMO) to send bulk WhatsApp messages publicising the LDF-led State government's achievements ahead of the 2026 assembly elections [Dr Rasheed Ahammed P & anr v State of Kerala and ors]..Justice Bechu Kurian Thomas also called on the State to ensure that such messages are not circulated further for now.The Court indicated that even though it was not passing a formal interim order, it would record the special government pleader's undertaking that till February 27, when the case will be heard next, the State will not circulate any such messages."You undertake that you will not circulate any further messages in the meantime, because prima facie I find there is an intrusion into the privacy. Suppose I don't want to receive any messages. You are forcing me to read a message, which I don't want to know. It is intruding into my privacy," Justice Thomas told the State's counsel. .The Court was hearing a plea filed by Dr Rasheed Ahammed P, an associate professor and Anil Kumar KM, a clerical assistant in the general administration department.They alleged that bulk WhatsApp messages from the CMO, praising the government and its achievements, were sent to government employees ahead of the 2026 Legislative Assembly Elections.According to the plea, the contact details of government employees were obtained from official databases, such as the Service Payroll Administrative Repository for Kerala (SPARK), an e-governance platform that stores service records and salary information of state government employees.According to the petitioners, collecting such contact details of citizens without consent for such purposes amounts to a violation of the right to privacy under Article 21 of the Constitution. Transferring such data to the CMO for publicity purposes would constitute a breach of privacy, they contend.They have sought directions from the High Court to restrain the State's functionaries, including the Chief Minister Pinarayi Vijayan, from misusing such personal contact details of government employees.They have also sought compensation for the misuse of their data and an order preventing the CMO from sending further messages..The Court today noted that if personal contact details were accessed by the State to send such messages, it could amount to unwarranted intrusions into one's privacy and impermissible data leaks. "What is the protection of individual data if this is accessible to everyone?" the judge asked.The Court also raised questions about who was actually operating the alleged business account of the CMO from which the campaign-related messages were being forwarded."The Chief Minister would not be managing the business account. But then, if it is not the Chief Minister, then somebody else has access. So now, what do you mean by this business account? Who manages this business account? Please satisfy the Court about these aspects. Till then, you shall not circulate any further messages," the Court said.The State's government pleader, in turn, maintained that there was no privacy violation as alleged. The Court, however, pointed to allegations that the poll campaign-related messages were being forwarded even to the members of the judiciary.Justice Thomas expressed alarm that such contact details were allegedly being accessed by a business account. All of this prima facie amounted to a privacy intrusion unless the state government proves otherwise, the judge added. "I found a reading in paragraph 5 of the petition ... This is a serious allegation, it means that the data is being leaked out," he remarked.The Court proceeded to ask the State to explain how its actions did not amount to a privacy rights violation. The case will be heard further on Friday. .The plea was moved through advocates Nisha George, AL Navaneeth Krishnan and Kavya Varma M.Senior counsel George Poonthottam appeared for the petitioners..[Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.