A petition has been filed with the Supreme Court requesting the banning of Microsoft products in India until it is satisfied that there is no violation of users’ fundamental right of privacy.
The petition filed by Vinit Goenka through the defenders Khushbu Jain and Sriram P seeks to prevent the unauthorized collection and use of data of the applicant by entities such as Microsoft. The petition states that this violates the fundamental right of the applicant to privacy, as guaranteed by Article 21 of the Constitution of India.
The facts of the case are the following. The applicant had purchased Microsoft software. Subsequently, the employees of the petitioner’s company began receiving emails and phone calls from various entities, whether they represented or followed instructions from Microsoft.
These emails allegedly contained private details such as the telephone numbers of the recipients and were marked for several people from different organizations. The petitioner states that the use and dissemination of this type of private data was not authorized and the right to privacy of the petitioner’s employees was not respected.
According to the petitioner’s submission, the conflicting emails received were sent by people who worked for Bertelsmann Marketing Services (BMSI), a Microsoft representative, or by people employed by audit firms such as KPMG and PricewaterhouseCoopers (PwC), both of which They were hired by Microsoft as their external reviewers at various times.
The petitioner asserts that while some of these e-mails contained threatening topics, some were e-mails of apology for the bad behavior of the sender of these e-mails. Different people from the petitioner’s company received several of these emails over a period of three years.