Right To Privacy: Delhi High Court Issues Notice On Plea Against Illegal Use Of Mobile Hacking Spywares

The Delhi High Court has issued notice on a petition filed against illegal use, selling and operation of mobile spyware without license for the purpose of hacking and spying, thereby infringing citizens' right to privacy.

Justice V Kameswar Rao sought response of Centre, Delhi Commissioner of Police, Google India, Cyber Crime Cell and others namely Cyberro Technologies Pvt. Ltd, Hello Spy, XnSpy, Spymyfone and Onestore India Private Limited.

Moved by Advocate Dimple Vivek, the plea has sought directions on Centre and Delhi Police to restrict the the sale, transfer, operation, advertising of the spy software or malware without license or permission.

The plea also seeks issuance of necessary guidelines to prevent misuse of the said Technology. Additionally, the plea also seeks specific direction on Google India to stop all advertisements in India which promotes, advertises or permits selling of such illegal malware and Spyware.

During the course of hearing today, Advocate Dimple told the Court that the illegal use of such mobile spyware was like an invisible prison which violates the right to privacy of a person. She added that such malware can be put in any phone as a result of which the mobile can be hacked and all the activities can be looked into and surveilled.

The plea states that such Mobile Spywares are capable of capturing significant amount of highly personal information, including allowing a Spy to remotely track location, monitor text messages, listen to calls, see every photo and video taken, turn on phone's microphone to monitor its surroundings and take pictures with phone's camera.

It adds that once such malware is installed, it runs in stealth mode without any notification or identifying activity and is difficult to detect or remove. 

The petitioner therefore states that in order to access the target phone activity, the person monitoring the device signs in to a website or accompanying app on a different device.

"Every individual necessarily requires and expects a reasonable personal space of privacy. It is high time that every citizen of India ought to be protected against violations of privacy and violations of freedom," the plea reads.

Therefore, it has been averred that the unauthorized surveillance and accessing of stored data from the phones and other devices of citizens for reasons other than nation's security would be illegal and objectionable.

The matter will now be listed on March 9 before the Registrar for completion of pleadings.

Case Title: Dimple Vivek v. Union of India