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Obtaining phone records without consent
23-Jun-2023 (In Criminal Law)
Hi, I have a query regarding taking phone records of an individual. So this incident happened when one of my business partners took out my call history and records (from my phone number) from a police officer who is his friend. I just want to know if its legal to do so without any warrant or criminal records or my consent and what options do I have to stop this in future? Also do I have any legal recourse for this?
No body can obtain phone record of anyone without any ones consent. A police officer can get call get records of that person if he is of the opinion that person is accused of committing any offence. For that approval of higher authority is required. For that you can file suit before High Court because it's against right to privacy.
regards
regards
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Adv. Suvajit Ghosh Dastidar
Kolkata | 200+ Answers
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Your query presents a concerning situation regarding the unauthorised acquisition of your call history and records. This query also entails doubts like “can anyone get my call details without my permission” & “how to get call log from police station”. Accordingly, here's an overview:
The Telegraph Act, 1885, and the Information Technology Act, 2000 (IT Act) establish stringent regulations regarding accessing an individual's phone records. Your business partner's actions, if true, constitute a potential privacy violation. The IT Act recognises an individual's right to privacy, and unauthorised access to phone records can be construed as a breach of this right.
Points to note:
The Telegraph Act, 1885, and the Information Technology Act, 2000 (IT Act) establish stringent regulations regarding accessing an individual's phone records. Your business partner's actions, if true, constitute a potential privacy violation. The IT Act recognises an individual's right to privacy, and unauthorised access to phone records can be construed as a breach of this right.
Points to note:
- Civil Suit: You can initiate a civil lawsuit against your business partner for breach of privacy. This could result in a court order compelling them to cease such actions and potentially awarding you compensation for damages incurred.
- Criminal Complaint: You could file a criminal complaint against both your business partner and the officer. Section 66 of the IT Act prohibits unauthorised access to computer resources and data, which could potentially apply here.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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