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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SOUMEN SEN, CJ, MR. SYAM KUMAR V.M., J
BALU GOPALAKRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. litigations related to data privacy during covid-19. (Para 1 , 4 , 10) |
| 2. final disposition confirms prior orders related to the agreements. (Para 2 , 16) |
| 3. court's analysis of the circumstances and the agreement with sprinklr. (Para 5 , 9 , 11 , 13 , 14 , 15) |
| 4. concerns regarding data sharing with sprinklr and compliance issues. (Para 6 , 7 , 8 , 12 , 19) |
| 5. state actions can't violate privacy rights under article 14. (Para 17 , 18 , 20) |
JUDGMENT
1. Although the Covid-19 pandemic situation has come to an end, the series of litigations filed during the pandemic situation has been kept alive to ensure that right to privacy of persons whose data was sought to be shared with a third-party entity, namely the Sprinklr Inc., has not been compromised.
4. We are now required to assess the situation that prevailed during the Covid-19 pandemic as on 02.04.2020, when the Principal Secretary to the Electronics and Information Technology Department, Government of Kerala, entered into an agreement with Sprinklr Inc.. The efficacy of such agreement seems to have been diluted by the order passed by the Division Bench presided over by Mr.Justice Devan Ramachandran on 24.04.2020, in wh
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