Indore (Madhya Pradesh): The Indore bench of the Madhya Pradesh High Court has directed a petitioner to approach the statutory Data Protection Board under the Digital Personal Data Protection Act, 2023, in a case challenging changes to Instagram’s end-to-end encryption policy.
The petition was filed by Parth Sharma under Article 226 of the Constitution, raising concerns over a notification indicating that end-to-end encrypted messaging on Instagram would no longer be supported after May 8. Sharma argued that the move could potentially compromise users’ privacy and violate the fundamental right to privacy guaranteed under Article 21, as recognised by the Supreme Court in the landmark KS Puttaswamy vs Union of India judgment.
Appearing in person, Sharma contended that the platform’s communication suggesting possible access to encrypted messages was unconstitutional and posed a threat to citizens’ data security.
Opposing the plea, counsel for the Union of India argued that the petition was not maintainable as a public interest litigation and that the petitioner had failed to exhaust the statutory remedy available under the Digital Personal Data Protection Act, 2023. The counsel pointed out that a dedicated Board has been constituted under Section 18 of the Act to address such grievances.
A division bench comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi, after hearing both sides, refrained from examining the merits of the case at this stage. Instead, the Court directed the petitioner to file a representation before the Data Protection Board within seven days.
The Court further instructed the Board to consider the representation and pass a reasoned order within 15 days, after giving Sharma an opportunity to be heard. The matter has been listed for further hearing on May 06, by which time the Board’s decision is expected to be placed before the Court.
