The Kerala High Court on Tuesday sharply criticised the state government over the alleged leakage and misuse of personal data from the SPARK (Service and Payroll Administrative Repository for Kerala) software, raising questions about how the Chief Minister’s Office (CMO) accessed employees’ phone numbers and other personal details.
Justice Bachu Kurian Thomas, while hearing a petition filed by opposition service organisations, observed that prima facie the action appeared to amount to an invasion of privacy. The court directed the government not to send any further messages until the matter is taken up again later this week. “From where did the Chief Minister’s Office obtain the phone numbers and personal information of employees? If this data is protected, how was it accessed? If it is not protected, what security exists for the information stored in SPARK?” the court asked.
The petition alleged that messages highlighting government measures such as dearness allowance hikes, salary revisions and home loan benefits were sent to government and semi-government employees from a business WhatsApp account managed by the CMO. It further claimed that individuals and entrepreneurs who had registered for government services also received similar messages without their consent.
The controversy erupted after several employees received WhatsApp messages from the Chief Minister’s Office (CMO) on their personal mobile numbers regarding the recent allocation of Dearness Allowance (DA) and Dearness Relief (DR). The recipients claim the messages were unsolicited and were sent to phone numbers provided strictly for official administrative purposes.
The messages were reportedly sent at a time when Kerala is preparing for Assembly elections. The court noted that serious allegations had been raised, including violation of the right to privacy under Article 21 of the Constitution and breach of the Digital Personal Data Protection Act, 2023. It also recalled that the Advocate General had earlier assured the court in a separate matter that such data would not be used for purposes other than those for which it was collected.
In response, the government submitted that the messages were intended solely for beneficiaries of government schemes. However, the court pointed out that messages appeared to have been sent to persons who were not beneficiaries, questioning the justification. “What security is there for personal information? The fact that information may have been leaked is more serious than the content of the message itself,” the court remarked, adding that if no further messages are sent in the interim, additional coercive steps could be deferred.
The court also directed that notices be issued to parties other than the Chief Minister who have been named in the petition. The matter is scheduled to be heard again next week. SPARK is an integrated personnel, payroll and accounts information system used for managing data of government employees in Kerala.
Also read: CMO messages: Kerala govt faces data privacy challenge
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