Delhi HC Flags Privacy Concerns Over Police Plea Seeking WhatsApp Contact Data

Delhi HC Flags Privacy Concerns Over Police Plea Seeking WhatsApp Contact Data

The Delhi High Court on Monday raised serious concerns about privacy while hearing a plea filed by the Delhi Police in a hoax bomb threat case.

The police had sought access to the WhatsApp contact list of a man accused of making fake bomb threats to the Union Ministry of Petroleum in June 2025.

However, the bench of  Justice Anup Jairam Bhambhani questioned whether sharing such data could violate the privacy of others.

The Court pointed out that just because a person saves someone’s number on WhatsApp doesn’t mean they are in contact. Many people save numbers of officials, ministers, or others without ever speaking to them.

The judge cautioned that allowing such requests could lead to unnecessary scrutiny of innocent people.
“Anyone can save numbers from a government directory. That doesn’t mean they are connected. If you start investigating everyone whose number is saved, then no one’s privacy will remain,” the Court observed.

He also noted that the accused might have saved numbers of judges, police officers, or senior officials without any real link, and questioned whether such people should come under suspicion.

The matter stems from a lower court’s refusal to allow access to encrypted WhatsApp data linked to the accused’s number. Both the trial court and a revisional court had denied the police request, citing concerns over third-party privacy.

The Delhi Police argued before the High Court that the data is necessary to check whether the accused was in contact with others, including possible foreign links. The State’s counsel even claimed there may be a connection to Pakistan and said the information is crucial for national security.

It was also submitted that the accused had saved 14 contacts on WhatsApp and allegedly impersonated a Ministry of Home Affairs official to extract sensitive information from the Drone Federation of India.

Assuring the Court, the police said that innocent people would not be investigated. However, the Court remained cautious about the broader privacy implications.

The High Court has now sought a response from WhatsApp and will hear the matter next on May 26

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