CASES

Rayala M. Bhuvaneswari vs Nagaphanender Rayala [1]

  • Under this case, the husband was found recording the conversations of his wife over the telephone.
  • The Hon’ble High Court of Andhra Pradesh held that the act of tapping itself by the husband of the conversation of his wife with others was illegal and it infringed the right of privacy of the wife.

Mahendra Lodha v. C.S. Rajan & ors.[2]

  • This case pertains to the usage of mobiles by drivers while driving two-wheeler and four wheelers which often lead to accidents in the State.
  • It was held that no vehicle driver shall use a mobile phone while driving the vehicles. It was held that the drivers found using a mobile phone while driving would have their license cancelled.

Carpenter v. United States[3]

  • This case relates to cell phone information location
  • It was held that the Fourth Amendment protects an individeual’s cell phone location information and therefore, the police must obtain a search warrant in order to be able to access the same.

 

Riley v. California[4]

  • This case relates to the searching of the digital content of a cell phone during an arrest
  • It was held that While the officers could examine the phones’ physical aspects to ensure that the phones would not be used as weapons, the police officers generally could not, without a warrant, search digital information on the cell phones seized from the defendants as incident to the defendants’ arrests.

Kapil Choudhary And Anr. v. Union Of India And Ors [5]

  • Under this case, a Public interest litigation sought a writ of mandamus directing the respondents to remove the mobile towers installed in the residential area of village Tekhand
  • The court held that there is no scientific data available to show that installation of mobile phone towers and the emission of the waves by the said towers is in any way harmful for the health or hazardous to the health of citizens.

[1] Vijay Pal Dalmia, ‘India: Phone Tapping And Recording Of Telephonic Conversations – Right To Privacy And Indian Law’ (Mondaq, 4 June 2018) <http://www.mondaq.com/india/x/707096/Data+Protection+Privacy/Phone+Tapping+And+Recording+Of+Telephonic+Conversations+Right+To+Privacy+And+Indian+Law>

[2] ‘Raj HC: Cancel Driving License of Drivers Using Mobile Phones’ (Vakilno1, 30 April 2018) <https://www.vakilno1.com/legal-news/raj-hc-cancel-driving-license-using-mobile-while-driving.html>

[3] Andrew Crocker and Jennifer Lynch, ‘Victory! Supreme Court Says Fourth Amendment Applies to Cell Phone Tracking’ (EFF, 22 June 2018) <https://www.eff.org/deeplinks/2018/06/victory-supreme-court-says-fourth-amendment-applies-cell-phone-tracking>

[4] ‘Riley v. California’ (Legal Dictionary, 22 March 2017) <https://legaldictionary.net/riley-v-california/>

[5] ‘Telecommunication’ (Hello Counsel) <http://www.hellocounsel.com/telecommunication/>