Madras HC Asks DMK To Stop OTP Verification During Membership Drive, Says Political Data Collection Must Respect Right To Privacy

The Madurai Bench of the Madras High Court on Monday (21 July) barred the ruling DMK from sending OTP verification messages during its ongoing ‘Oraniyil Tamil Nadu’ membership drive, reported The Hindu.

A Division Bench of Justices S M Subramaniam and A D Maria Clete passed the interim order citing privacy and data protection issues.

Privacy and Data Transparency at Stake

The judges observed that DMK workers collected personal details, including mobile numbers, during door-to-door campaigns. They noted, “Data protection of the individuals is an essential element of Article 21 of the Constitution.” The court raised concerns about third-party handling of data and lack of clarity on the infrastructure protecting this information.

Informed Consent Crucial

Emphasising the need for transparency, the court said, valid and free consent is an essential part of such membership programmes. It directed the DMK to disclose its data privacy policy and confirm whether informed consent was obtained.

Level Playing Field in Question

The Bench also questioned whether such digital campaigns disadvantage smaller political parties, affecting Article 14 of the Constitution. However, Justice Clete distanced herself from this observation, calling it “not immediately germane” to the present case.

The court issued notices to the Centre, State government, and DMK, and scheduled the next hearing in two weeks, awaiting counter affidavits and relevant documents.

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