Ensure Strict Confidentiality Of CDR Details Of COVID Patients: Kerala HC Closes Ramesh Chennithala's Plea [Read Order]

While closing the writ petition filed by Ramesh Chennithala, the Kerala High Court directed the Government to ensure strict confidentiality of the CDR details collected and also to ensure that no third party has access to it.

The bench comprising the Chief Justice S. Manikumar and Shaji P. Chaly closed the writ petition recording the submission of the state that the CDR details are collected for the limited purpose of finding the tower location. 

Ramesh Chennithala, the leader of opposition, had moved the High Court seeking to restrain the Police from collecting the Call Detail Records (CDRs) of COVID-19 patients/ suspects. He had challenged a Circular dated August 11, 2020, issued by the Kerala State Police Chief, which enables the department to collect CDRs of Covid patients, from BSNL and Vodafone, for contact tracing. The opposition leader had contended that the police has no right to collect CDRs of COVID-19 positive patients in such an arbitrary manner which would amount to an intrusion to their privacy and it is illegal and void ab initio. 

In the affidavit filed in response to this petition, the state contended that the CDR is maintained strictly confidentially for the limited purpose of identifying the tower location and once the places where the COVID positive patients have been identified, the CDR will immediately be destroyed. It further averred that all measures are taken by the police to ensure that the CDR is not accessed by any third party.

Though the counsel for Chennitthala sought time to implead the service providers to adjudicate as to whether the details provided by the service providers can be segregated only to the extent of tower location, the bench refused to grant permission in that regard. It observed:

"Respondents are directed to ensure strict confidentiality of the CDR details collected and also to ensure that no third party has access, as affirmed before this Court. It is also directed that CDR details collected should not be used for any other purpose." 

The bench also asked the Government to consider the request to issue a fresh circular or to issue a corrigandum, to the effect that CDR details of COVID-19 positive patients are collected only for the purpose of finding the tower location. 

Case Details

Case name: RAMESH CHENNITHALA vs. STATE OF KERALA

Case no.: WP(C).No.17028 OF 2020(S) 

Coram: Chief Justice S. Manikumar and Shaji P. Chaly

Counsel: Adv T.ASAFALI,  AAG K.K.RAVINDRANATH

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