Recycled Mobile Numbers and Privacy Concerns: Supreme Court Dismisses Writ Petition

The Supreme Court of India recently addressed an important issue related to mobile number recycling and user privacy in the case of Rajeswari v. Union of India & Ors.. The petitioner raised concerns about the potential misuse of personal data when a deactivated mobile number is reassigned to a new user. The key question before the Court was whether regulatory authorities should implement stricter measures to prevent unauthorized access to old user data after a mobile number is recycled.

Background of the Case

The petitioner filed a writ petition challenging the current regulatory framework governing mobile number recycling. The petitioner argued that reassigned mobile numbers could lead to privacy breaches, particularly through applications like WhatsApp, which are linked to phone numbers. When a number is reassigned, the new user could potentially gain access to sensitive data of the previous subscriber if adequate precautions are not taken.

Read also: https://judgmentlibrary.com/supreme-court-addresses-judicial-delays-directions-issued-to-ensure-speedy-justice/

Petitioner’s Arguments

• The petitioner claimed that when a mobile number is deactivated and later reassigned, there is a risk that the new user could access residual data linked to online services like WhatsApp, banking alerts, and social media accounts.
• It was argued that there should be a longer waiting period before reassigning mobile numbers to new users.
• The petitioner sought intervention from the Supreme Court to direct telecom authorities and service providers to implement stronger measures to safeguard user privacy.

Respondent’s Arguments

• The Telecom Regulatory Authority of India (TRAI) clarified in its counter affidavit that mobile numbers, once deactivated due to non-usage or upon request by the subscriber, are not immediately reassigned. A minimum waiting period of 90 days is observed before the number is reallocated.
• TRAI emphasized that users have the responsibility to ensure privacy by deleting linked accounts before relinquishing a number.
• WhatsApp’s privacy policy and security measures were highlighted, including its automatic data removal mechanism. If a WhatsApp account remains inactive for 45 days and is then reactivated on a different device, all previous data linked to the number is erased.

Supreme Court’s Observations

After reviewing the arguments, the Supreme Court made the following key observations:

• Mobile number reassignment is governed by clear regulatory guidelines, and TRAI’s policy of a 90-day waiting period is sufficient to prevent privacy violations.
• It is the responsibility of users to take preventive measures, such as deleting WhatsApp accounts and erasing data stored on cloud services before giving up their phone numbers.
• Since WhatsApp already has an automatic deletion policy for inactive numbers, the risk of misuse is minimal.

Final Judgment

The Supreme Court dismissed the writ petition, stating that there was no compelling reason to interfere in the existing regulatory framework. The Court held that the privacy concerns raised by the petitioner could be adequately addressed by individual users taking necessary precautions before surrendering their mobile numbers.

Read also: https://judgmentlibrary.com/wakf-tribunal-jurisdiction-upheld-supreme-court-rules-in-property-dispute/

This decision reinforces the importance of user responsibility in digital privacy management while affirming that existing telecom regulations provide sufficient safeguards against potential misuse of recycled numbers.

Petitioner Name: Rajeswari.
Respondent Name: Union of India & Ors..
Judgment By: Justice Sanjiv Khanna, Justice S.V.N. Bhatti.
Place Of Incident: India.
Judgment Date: 30-10-2023.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: rajeswari-vs-union-of-india-&-ors-supreme-court-of-india-judgment-dated-30-10-2023.pdf