Police must not collect CDRs without valid investigation, says Justice Suraj Govindaraj
The Karnataka High Court has ruled that the call detail records (CDRs) of individuals are personal and private in nature, and any unwarranted collection of such data by the police amounts to a violation of the right to privacy.
Justice Suraj Govindaraj, while hearing a plea by Sub-Inspector Vidya VM seeking quashing of a criminal case against her, firmly stated that “the power to obtain the CDR of any individual should only be exercised during a lawful investigation by the investigating officer.”
The court added that if police are allowed to obtain CDRs without the backing of a lawful investigation, “it would lead to a police state.”
The observations were made in connection with a criminal case filed against Vidya VM, a police sub-inspector at the Byatarayanapura Police Station, who has been accused of illegally accessing the call records of a woman and allegedly sharing them with individuals against whom the woman had earlier filed a complaint. The woman alleged that the CDRs were misused to harass her.
The case involves charges under multiple sections of the Indian Penal Code, including Section 354(D) (stalking), 409 (criminal breach of trust), 506 (criminal intimidation), and 509 (insulting the modesty of a woman), along with violations under Sections 66(D) and 66(E) of the Information Technology Act.
Vidya’s counsel argued that the CDRs were sought as part of her official duties. However, the court dismissed her plea, emphasizing that access to such sensitive personal data must adhere strictly to legal protocols and constitutional safeguards. The ruling cited the landmark Supreme Court judgment in Justice K.S. Puttaswamy v. Union of India, which affirmed the right to privacy as a fundamental right.
With this ruling, the Karnataka High Court has reinforced the principle that surveillance and data access by authorities must be grounded in due process, safeguarding individual privacy against arbitrary state action.
