Written By – Shashank Mohan
The Delhi High Court in the case of Dimple Vivek v. Union of India has issued a notice against a petition moved to court by Advocate Dimple vivek. The petition was against illegal use, selling and operation of mobile spyware without license for the purpose of hacking and spying which infringes the fundamental right to privacy of the citizens.
The court has asked the Center, Delhi Commissioner of Police, Google India, Cyber Crime Cell , Cyberro Technologies Pvt. Ltd, HelloSpy, XnSpy, Spymyfone and Onestore India Private Limited to submit a response.
The petition was filed to get strict restrictions imposed on the transfer, sale, operation and advertising of the spy software or malware illegally.
Advocate Dimple during the course of hearing, highlighted in front of the court that illegal use of mobile spyware was like an invisible prison which infringes the right to privacy of a person. Furthermore she added that Spyware 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.
It was stated in the plea that Mobile spywares is a considerable threat with regard to one’s highly personal information. The spyware can even track your locations, monitor your text messages, listen to your calls, see every photo and video taken in your phone, turn on your phone’s microphone and phone’s camera. And all this is done without bringing it to your notice. The spyware runs in a stealth modem. It is a difficult task to detect or remove the spyware.
The plea stated that “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 Matter is listed before the Registrar on 9th of march, 2022 for completion of pleadings.