Star Health Data Breach: Telegram Agrees To Take Down Accounts Flagged By Star Posting User Information, Says Can't Do Patrolling

The submissions were made before Justice K Kumaresh Babu who was hearing an application filed by Star Health to injunct Telegram from sharing the data of the users.

The court had previously granted a temporary injunction preventing Telegram from sharing information related to Star Health. The court, while granting interim relief had noted that considering the sensitive nature of the business, irreparable damage will be caused if the interim protection was not granted.

On Friday, when the case was taken up, Telegram informed the court that it could take action only upon information from Star. It submitted that it could block accounts only as per request from Star and could not monitor all accounts as requested by Star. Telegram also submitted that it was not empowered under the Information Technology Act or the concerned Rules to take down all accounts that were posting data related to Star Health.

“If I'm given a name of the person whose account has to be taken down, I can block it. But they want me to police. I can't do that under the IT Act. If they're asking me to monitor all accounts where Star Health's data is being posted, I can't do that. I don't have that power,” Telegram said.

When the court asked if it was possible for Telegram to trace the IP address of the persons posting Star's data, Telegram submitted that it was not empowered under the Act and the Rules to do the same. Pointing out that it could not engage in patrolling of data, Telegram submitted that if a specific court order is passed to the effect, it could take down the data. Telegram also submitted that such an action could create huge issues of sovereignty as it could create a hypothetical situation where Telegram could block any account which was posting content it did not like.

“I'm not supposed to do it under the rules your honour. If there's a specific court order I can, but otherwise I can't check who's posting. If they are giving me details of the bot, I can. I can't do patrolling,” it said.

Telegram assured the court that if it was provided with the URLs from which the data was being shared, it could block such data and take down the account. Telegram also submitted that Star had already been writing to Telegram and necessary actions were being taken.

Noting that the problem involved not just with violation of the company's data but also violation of policy holder's right to privacy, the court commented that it was necessary to take appropriate action. The court recorded the submission of the counsels and directed Telegram to take down any account flagged by Star. The court has now adjourned the case by two weeks.

Case Title: Star Health and Allied Insurance Coltd v M/s Telegram Messenger and Others

Case No: OA No. 684 of 2024 and CS (Comm.Div) 178 of 2024