A Pune telecom operator shared my call records with a private party without consent. Doesn't this violate my privacy?
RA Asked by Ramesh Bhat from India
Quick Answer
The right to privacy is a fundamental right under Article 21, as held in Puttaswamy (2017). Sharing call records without legal authority violates Section 66A-D of the IT Act, 2000 and the DPDP Act, 2023 (once notified).
Detailed Legal Analysis
The right to privacy is a fundamental right under Article 21, as held in Puttaswamy (2017). Sharing call records without legal authority violates Section 66A-D of the IT Act, 2000 and the DPDP Act, 2023 (once notified).
File a complaint with the cyber crime police station in Pune and the Telecom Regulatory Authority. Approach Bombay High Court under Article 226 for a writ of mandamus directing action and compensation for violation of the fundamental right to privacy.
Interception of calls requires sanction under Section 5(2) of the Telegraph Act, read with the 2007 interception rules. Preserve the call records, sharing evidence, and correspondence as evidence.
Refer to Maharashtra Rent Control Act 1999 for any state telecom or data protection rules in Maharashtra.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.