Calcutta High Court Dismisses PIL Against Softwares Like 'Pegasus' Allegedly Used For Privacy Infringement

The Calcutta High Court has dismissed a PIL calling upon it to decide the issue of individual’s right to privacy allegedly being violated by spyware such as Pegasus, said to be installed on people’s personal electronic devices without their knowledge.

A bench of Chief Justice T.S. Sivagnaman and Justice Hiranmay Bhattacharya opined that such blanket directions against the use of modern technology for allegedly being violative of the fundamental right to privacy of individuals could not be passed. Further, according to the Chief Justice, due to the vague nature of the submissions and prayers of the petitioner, the Court could not arrive at the specific questions of law involved.

The petitioner, Sujit Kumar Datta claims to be a social worker and alleged that during his travel for work, he discovered that many people whom he was assisting were facing problems of infringement of privacy due to forms of technology such as Pegasus, amongst others. He claims that his representations to concerned authorities went unheard, which led him to filing of a PIL.

He banked upon a nine-judge bench decision of the Supreme Court in (Retd.) Justice K. S. Puttaswamy & Anr. vs. Union Of India & Ors., which declared Right to Privacy to be a fundamental right under the Right to life and liberty under Article 21 of the Constitution of India.

Datta claims he has been facing threats and is unable to carry out his daily tasks due to the “mental agony” he faces due to the impugned technology.

Court thus granted him leave to approach the appropriate authorities in case he believed that his fundamental right to privacy was being interfered with by any third parties.

Coram: Chief Justice T.S. Sivagnaman and Justice Hiranmay Bhattacharya

Case title: Sujit Kumar Datta v The State of West Bengal & Ors [W.P.A(P) No. 239 of 2023]