The right to privacy is intrinsic to Article 21 and the use of personal data by the State must adhere to statutory regulations, with the government allowed to process data only for legitimate purposes.

JUDGMENT :

BECHU KURIAN THOMAS, J.

1. Privacy of an individual has become an issue of substantial relevance, especially with the advent of information technology and the digital world. In this era of technology, protection of data has also assumed significance. The need to enact a statute is a reflection of the sentiment of all that data protection has to be a priority. Judicial consideration of the issue also prompted the Parliament to finally enact a law, balancing the need to protect data and the need to use the data made available for legitimate purposes of the State. Advent of new legislation however brings with it new challenges, giving rise to issues of seminal importance, as has arisen in the instant case, with allegations of intrusion into the privacy of data provided to the Government.

2. In February 2026, Government employees apart from members of the judiciary, allegedly received messages through WhatsApp messaging application, containing the photograph of the incumbent Chief Minister of the State of Kerala, bearing the title ‘Chief Minister's Office’ and addressing each recipient by name. The message intimated the enhancement of Dearness Allowance (‘DA’ for short), the date when the enhanced DA would be received and also mentions about the reinstatement of Government employees ‘House Building Advance’ (for short ‘HBA’). The message also conveyed that the Government will protect the welfare and rights of every employee and that it will continue in the days to come.

3. Petitioners allege that the bulk messaging campaign from the office of the Chief Minister, primarily targeting the State Government employees, has been carried out after illegally accessing the personal data of those recipients. According to the petitioners, the data provided for intimating the crediting of monthly salary was used, without their consent, on the eve of the legislative assembly elections, as a measure of election campaign, resulting in an intrusion into the right to privacy of the employees of the State. Petitioners allege that the intention is illegal as the data had been accessed and processed to disseminate a political party's perceived achievements. Petitioners assert that the collection of personal mobile numbers is in violation of the right to privacy protected under Article 21 of the Constitution of India. Pointing out grave concerns in the unsolicited nature of messages sent from the Chief Minister's office, petitioners contend that such procurement of personal contact numbers of even the Government employees by the Chief Minister, is illegal and unauthorised. It is also pleaded that messages have been sent not only to Government employees but also to those in the higher judiciary, all of which constitute a direct violation of the right to privacy. Petitioners thus primarily seek for a declaration that procurement of personal data by the Chief Ministers Office and using it for disseminating messages violates Article 21 of the Constitution of India.

4. The State has opposed the writ petition contending that the allegations in the writ petition are based on mere assumptions, without any supporting technical evidence or documentary proof. According to the respondents, the communication made on behalf of the Chief Minister of Kerala, who is the repository of the constitutional powers as head of the Council of Ministers was in exercise of the executive functions of the State and addressing each employee of the State, regarding the grant of arrears of DA and reinstatement of HBA, which were all budgetary assurances, cannot, by any stretch