According to the petitioners, messages contained content praising the achievements of the state government and were circulated widely through WhatsApp from an official account linked to the Chief Minister’s Office
Kerala HC clears state govt in CMO bulk messaging row
Court rules use of employee data for official communication does not constitute a privacy breach
The Kerala High Court has ruled that there was no data breach by the Kerala government in connection with the bulk messaging sent from the Chief Minister’s Office to government employees, dismissing a petition that had alleged misuse of personal data.
Justice Bechu Kurian Thomas delivered the order while rejecting a plea that claimed the government had illegally accessed and used personal details of employees to send mass messages highlighting the state government’s achievements. The court held that the allegations of privacy violation and unauthorised access to data were not substantiated.
Court petition
The petition had been filed by two government employees, Dr P Rasheed Ahammed and K M Anil Kumar. They had approached the high court alleging that the Chief Minister’s Office accessed personal data, including mobile phone numbers of government employees and members of the judiciary, from official databases and used it to send bulk messages through messaging platforms.
According to the petitioners, the messages contained content praising the achievements of the state government and were circulated widely through WhatsApp from an official account linked to the Chief Minister’s Office. They contended that the personal details used for the messaging were allegedly sourced from the Service and Payroll Administrative Repository for Kerala (SPARK), the digital platform that maintains service and payroll records of government employees.
The petitioners argued that the data collected for administrative purposes such as salary disbursement and service management could not be used for any other purpose without the consent of the individuals concerned. They claimed that the use of personal information amounted to a violation of privacy and misuse of official data.
Opposition objects
The issue had also gained political attention in the state, with Opposition parties raising the matter repeatedly and alleging that the government was using official databases for political messaging ahead of the assembly elections. The Opposition had made the issue a campaign point, accusing the government of exploiting state machinery to circulate publicity messages.
During the hearings, the high court had sought clarification from the state government on how the messages were sent and whether any personal data from official databases had been improperly accessed. The court had also asked for explanations regarding the role of the Kerala State IT Mission, which operates several digital platforms used by government departments.
No data breach
The state government strongly denied the allegations.
Appearing for the government, the Advocate General submitted that there had been no data breach and that the messaging system functioned within the government’s own technological infrastructure. The state maintained that the database involved was part of an integrated system used by multiple departments and that the information had not been transferred outside government control.
The government also informed the court that the messages were intended to communicate matters related to employees, including government policies and benefits, and therefore did not amount to any illegal use of data. It argued that the Chief Minister, as the administrative head of the state, was entitled to communicate with government employees through official channels.
The court examined the submissions and the technical details presented before it regarding the messaging system. After considering the materials, the high court concluded that there was no evidence to establish that personal data had been unlawfully accessed or that a breach of privacy had occurred.
The court said that "for legitimate purposes, including for good governance in a social welfare state, the data collected can be utilised without falling within vile of infringement of privacy".
Legitimate purpose
"Since KSITM is a part of the government of Kerala and the impugned messages were sent through the Whatsapp account registered in the name of KSITM by using the data in its possession, the nature of the messages was not for any illegitimate purpose...The question boils down to whether the data was used for a legitimate purpose."
"This Court has already held that there is neither any material to indicate that any data has been transferred to the Chief Minister's office nor is there any particular details available to conclude that the Chief Minister or his office had done any act...the data, there is no merit in this writ petition."
"Message sent by KSITM dealing with benefits like DA...cannot be regarded as violating the privacy of the recipients of those messages. Hence, this writ petition is dismissed," read the order dismissing the petition. It effectively upheld the state government’s position that the bulk messaging initiative did not involve any misuse of personal information.
The ruling brings an end to a controversy that had sparked debate over digital communication by the government and the handling of personal data in official databases.
It also settles a politically contentious issue that had been raised by the Opposition in the run-up to the elections, with the high court now stating that the allegations of a data breach by the government of Kerala were not made out.
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