The Kerala High Court raised serious privacy concerns over bulk WhatsApp messages allegedly sent by the CMO to government employees using official data. The Court recorded the State’s undertaking to stop further messages for now, calling it a prima facie intrusion into privacy.
The Kerala High Court on Tuesday expressed serious concern over the alleged misuse of personal data of government employees by the Chief Minister’s Office (CMO) to send bulk WhatsApp messages highlighting the achievements of the LDF-led State government ahead of the 2026 Assembly elections.
The matter came up before Justice Bechu Kurian Thomas in the case of Dr Rasheed Ahammed P & another v State of Kerala and others. The petitioners have alleged that their personal contact details were taken from official government databases and used without their consent to circulate political campaign-style messages.
During the hearing, the Court orally asked the State to ensure that no such messages are sent for the time being. Though no formal interim order was passed, the Court recorded the undertaking of the Special Government Pleader that no further messages would be circulated till February 27, when the matter is listed next.
While addressing the State’s counsel, Justice Thomas made strong observations on privacy. He said,
“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,”.
The petition was filed by Dr Rasheed Ahammed P, an associate professor, and Anil Kumar KM, a clerical assistant in the General Administration Department. They claimed that bulk WhatsApp messages from the CMO were sent to government employees praising the State government and its achievements ahead of the 2026 Legislative Assembly elections.
According to the petition, the phone numbers and other contact details of government employees were allegedly accessed from official databases such as the Service Payroll Administrative Repository for Kerala (SPARK), which is an e-governance platform storing service records and salary details of State government employees.
The petitioners argued that collecting and using such personal data without consent violates the fundamental right to privacy under Article 21 of the Constitution of India. They contended that transferring such data to the CMO for publicity or campaign purposes amounts to a serious breach of privacy.
They have requested the High Court to issue directions restraining State authorities, including Chief Minister Pinarayi Vijayan, from misusing personal contact details of government employees. They have also sought compensation for the alleged misuse of their data and an order preventing the CMO from sending further WhatsApp messages.
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The Court observed that if personal contact details were accessed and used in this manner, it could amount to an unwarranted intrusion into privacy and even an impermissible data leak.
Raising concerns about data protection, Justice Thomas questioned,
“What is the protection of individual data if this is accessible to everyone?”
The Court also asked who was actually operating the alleged business account of the CMO from which the campaign-related messages were sent. It noted that it was unlikely that the Chief Minister himself was personally managing such an account.
In this context, the Court remarked,
“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 State’s Government Pleader argued that there was no violation of privacy as claimed by the petitioners. However, the Court referred to allegations that such campaign-related messages were even forwarded to members of the judiciary.
Justice Thomas expressed serious concern that official contact details were allegedly accessed and used through a business account. He indicated that such actions would prima facie amount to an intrusion into privacy unless the State could justify its conduct.
Referring specifically to the contents of the petition, the judge observed,
“I found a reading in paragraph 5 of the petition … This is a serious allegation, it means that the data is being leaked out,”
The Court then directed the State to explain how its actions did not violate the right to privacy. The matter will be heard again on Friday.
The petitioners are represented by advocates Nisha George, AL Navaneeth Krishnan and Kavya Varma M, while Senior Counsel George Poonthottam appeared on their behalf.
The case has raised wider questions about data protection, consent, and the limits of government communication, especially in the context of upcoming elections. The High Court’s observations highlight the growing importance of privacy rights in the digital age and the need for strict safeguards when handling personal data stored in official government systems.
Case Title:
Dr Rasheed Ahammed P & anr v State of Kerala and ors
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