Case Note & Summary
The Supreme Court of India addressed a writ petition concerning the allocation of deactivated mobile numbers and associated privacy issues. The petitioner, Rajeswari, sought relief regarding the potential misuse of WhatsApp data linked to a previously used mobile number. The court examined the counter affidavit submitted by the Telecom Regulatory Authority of India (TRAI), which clarified that once a mobile number is deactivated for non-usage or disconnected at the subscriber's request, it remains unallocated to a new subscriber for a minimum of 90 days. The court highlighted the responsibility of the previous subscriber to take necessary precautions to safeguard their privacy, including deleting the WhatsApp account associated with the old number and erasing any stored data. The court also referenced information from the WhatsApp help center, indicating that accounts inactive for 45 days would have their data removed upon activation on a different device. Ultimately, the court dismissed the writ petition, stating that the concerns raised were adequately addressed by existing regulations and the responsibilities of the subscribers. The pending applications were also disposed of accordingly.
Headnote
A) Telecom Law - Allocation of Deactivated Numbers - Period of Non-Allocation - Telecom Regulatory Authority of India Regulations - The court noted that a cellular mobile telephone number, once deactivated for non-usage or disconnected at the subscriber's request, is not allocated to a new subscriber for at least 90 days, emphasizing the need for the previous subscriber to maintain privacy. The court held that adequate steps must be taken by the subscriber to prevent misuse of data associated with the previous number (Paras 1-2).
Issue of Consideration
Whether the writ petition regarding the allocation of deactivated mobile numbers and privacy concerns should be entertained.
Final Decision
The Supreme Court dismissed the writ petition, stating that the concerns raised were adequately addressed by existing regulations and the responsibilities of the subscribers.
Law Points
- Writ jurisdiction
- privacy rights
- telecom regulations
