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Bank obtained my call detail record without my permission

Shivendra Pratap Singh

Advocate

12/12/2019

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Bank obtained my call detail record without my permission. Can Credit Card Recovery department get CDR of any person? I want to know that any recovery agent can call the other person to recover the amount by using the call details. The mobile provider company provides such call detail record (CDR), and the agent got this by another source. Now we want to Know is it legal or not and what I file an FIR or Complaint to police.

Obtaining a call detail record (CDR) without permission of the subscriber is an act of breach of privacy. The law enforcement authority, for the security of the nation, takes CDR without the consent of the person. It is prime liability of the mobile service provider to maintain the privacy of its customer and do not disclose such information without his permission.

Right to privacy

Right to privacy is a fundamental right under Article 21 of the Constitution of India and infringement of such right is a violation of article 21. In this condition, you can initiate legal proceeding against the recovery agent as well as against the bank. The Supreme Court has held in several judgements that article 21 is enforceable against a private person. Therefore, the recovery agent, bank and mobile service provider are responsible for maintaining your privacy.

The call detail record is the private information.  You can claim compensation against them for breach of privacy. In Kadak Singh versus state of Uttar Pradesh, the Supreme Court has held that the right to privacy is a fundamental right and aggrieved person can claim compensation for search breach.

Hence, you should send a legal notice to the recovery agent, the bank and the mobile service provider for giving the compensation. After that, you can file a writ petition before the high court under article 226 of the Constitution of India.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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