High court asks cell companies to respect privacy of customers

Mumbai: The Bombay high court on Monday came down heavily on mobile companies for sharing their databases with call centres and other agencies.

In the case that came up before it, the court ordered Vodafone, the service provider in this case, to take necessary steps to maintain the privacy of its subscribers.

Although justice SC Dharmadhikari was hearing an application filed by Vodafone seeking to quash an FIR registered last year by Rutuja Tawade, 42, and her husband Rajendra, 45, residents of Goregaon, he made this observation as part of a “larger issue”.

“Subscribers’ numbers are made available to call centres and other agencies. These persons call up subscribers and give shocking offers. It appears that unlike telephone directories, which were maintained in earlier days, all the details of subscribers are put up (for sale) by service providers.

These details are misused by call centres, leading to innumerable difficulties for customers, including those holding higher and sensitive as well as constitutional posts,” the court said.

Vodafone had moved the court in September last year seeking to quash the FIR, which had alleged that the company had automatically activated ‘an obscene’ caller tune which maligned the image of Rutuja, a school teacher.

The caller tune had suggestive lyrics as if a woman was urging her lover/partner to come home urgently.

Vodafone’s counsel said that the caller tune was chosen by Rajendra himself, as the phone was in his name. In any event, Vodafone representatives informed the court that they had deleted the said tune from the database and it was no more in circulation.

Justice Dharmadhikari observed that the manner in which customer details were accessed easily was a matter of concern.

Representing Vodafone, senior counsel Shirish Gupte and advocate Punit Anand argued that service providers did not make details relating to customers public.

“Our client (Vodafone) does not give the customer’s numbers to other parties. There are various organisations who themselves find out such details and make calls to mobile phone subscribers.

But we will still try and find out a solution so that other parties cannot access the databases of our customers,” Gupte told the court.

Justice Dharmadhikari, before passing an order, orally observed that great inconvenience was caused because customers’ numbers were somehow made public.

“Many people get calls regarding various offers. Messages are being circulated for election campaigning, credit cards are getting delivered straightaway. Not only the general public, but also the judicial staff, is being contacted,” remarked justice Dharmadhikari.

The FIR was lodged by the Tawades on July 28, 2009, after the couple started receiving an “obscene” caller tune which was allegedly automatically set by the service provider.

The Goregaon police had registered a case against the company under section 509 (outraging one’s modesty, with an intention) of the Indian Penal Code, said additional public prosecutor Anil Shitole.

“Our services include various value-added services, and one such service is caller tunes. This service allows subscribers alone to personalise their mobile phones by selecting a clip of music that is to be played to callers while they are waiting for the phone to be answered,” says the application. The application further says that the said service is completely computerised and is operated through outbound dialer (OBD).

Vodafone’s application stated that Rajendra, the original subscriber, who had bought a pre-paid connection in January, 2008, had himself changed his older caller tune and had requested for the above-mentioned tune.

Rutuja, who was present in court, asked the company to offer a public apology to her and also sought a financial compensation for mental harassment. “I am a teacher and this ‘obscene caller tune has maligned my image,” Rutuja told the court.

Justice Dharmadhikari directed Rutuja’s legal aid Alpa Jhaveri to file a separate criminal case seeking apology and compensation.