KOCHI: In a major success for the state government, the Kerala High Court on Tuesday dismissed a petition that had challenged the bulk messaging campaign initiated by the Chief Minister’s Office alleging violation of privacy. Dismissing the petition filed by Rasheed Ahammed, associate professor at KTM College, Kollam, and Anil Kumar K M, clerical assistant in the General Administration Department, Thiruvananthapuram, Justice Bechu Kurian Thomas observed that if used for legitimate purposes, including for good governance in a social welfare state, the data collected can be utilised without falling within the vice of infringement of the right to privacy of an individual.
“There is neither any material to indicate any data had been transferred to the CMO nor are there any particulars available to conclude that the CM or his office had any access to such data,” the judge said.
In February, government employees, apart from members of the judiciary, had allegedly received WhatsApp messages bearing the title ‘Chief Minister’s Office’ and containing the photograph of CM Pinarayi Vijayan.
The message, which addressed each recipient by name, informed them about the enhancing of dearness allowance (DA), the date on which the enhanced DA would be received, and also mentioned the reinstatement of the government employees’ house building advance (HBA).
Meanwhile, the court also held that the message sent by the Kerala State IT Mission (KSITM) informing employees about the details of DA and HBA could not be regarded as violating the right to privacy of the recipients.
The court said the nature of the message related to salary and other perquisites or benefits, which could not be regarded as a political campaign or be imputed with a colour of illegality.
Appearing for the state, Advocate General K Gopalakrishna Kurup argued that the communication made on behalf of the CM was part of the executive functions of the state. Addressing each employee regarding the grant of arrears of DA and the reinstatement of HBA—both of which were budgetary assurances, could not be termed political.
He further argued that since the WhatsApp message contained no reference to any political party, it cannot be regarded as access to any personal data of government employees for illegal or illegitimate purposes.