Upgrad LLM

can any random person get your call history?


Hello Friends,

 

I have a question that might affect all & is regarding our privacy. I am aware that the Telecom Operators are legally bound to provide the Call History if the Court/Police demands it & I have no issues with that.

 

However, can any random person (non-legal) get access to my Call History from, say, vodafone, Airtel, Idea etc by...

 

        * Bribing the Local Service Center Employee

 

       * Through Friend/Relative working at the Telecom Operator

 

Are there any safeguards?

 

Thank you for your time.
GauravS

 
Reply   
 
Proprietor

NO.

 

The answer is a BIG NO

 

CDR ( Call Data Records ) are to be legally authorized only by the Police and the Courts.

 

If you suspect that somebody, either the Local Service Center Employee 

or

Your enemy/ opponent's / stranger's Friend/Relative working at the Telecom Operator

 

might have accessed your private information, send a letter to the M.D. of that firm ( MSP ) ( Mobile Service Provider ), with a copy marked to the VP-Legal of that firm ( MSP ) ( Mobile Service Provider ), by Registered Post, Acknowledgement Due that you suspect that your call records are being snooped upon.

Snooping is a cyber crime under the I.T.Act and such data privacy issues are covered even under the ITA ( Indian Telegraph Act ).

Request the service provider to place your mobile number under SPECIAL REQUEST category and regulate / monitor their employees for suspicious activity.

 

Since RTI does not apply to the service providers, but TRAI has the powers.

 

Read this.

 

Telecom Regulatory Authority of India TRAI Act was passed in 1997 to regulate the telecom industry. TRAI's status as a public authority is unquestionable while MSPs it regulates may claim immunity as non-public authorities under RTI.



The TRAI Act also states that TRAI can call upon any service provider at any time to furnish in writing such information or explanation relating to its affairs as they may require; or appoint one or more persons to make an inquiry in relation to the affairs of any service provider
 

 

Therefore to make MSPs accountable, ask TRAI.
 


Total likes : 1 times

 
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Hi Natarajan,

 

Thank you for the detailed & informative reply. That is certainly very helpful.

 

However, a part of my query is whether anyone can get his/her hands on someone elses data easily (bribe / employee)? In context of your above reply, you may never know that your records are being accessed. There are innumerable ways the information can be used to your disadvantage or against you without you ever knowing someone got your records.

 

Kindly provide your point of view.

Thank you.

GS.

 
Reply   
 
Retired employee.

There are well laid down laws/norms.  One can not get even such information, even when unwanted caller is disturbing with messages unless we proceed through Court.  But,any thing and every thing is possible in India as in our state we have seen CBI Directors leak of Call log and even CM's/ Ministers/MLAs call details leaking in news papers.

But they may not be valid in a court of law. Our (subscriber's) weakness is that every one can not approach court of law with Giant Telcoms.


Total likes : 1 times

 
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Hello G.L.N. Prasad,

 

Yes. That is what I wondered. It does not have to be court-related matter nor a regular snooping operation. For example, "I only need call history for so & so number for so & so month. That way I can pin point who his/her source was".

In such a case no-one would ever know if the data was accessed & the mischief-monger gets his/her hand on an important bit of info. That would be terrible.

 
Reply   
 
Retired employee.

Further, we are hearing of several electronic bugs, we never even think of and can track such calls and generate a list.  This is the way how private detectives are using the devises in connection of investigation on  spouse's infidelity.

 
Reply   
 
Proprietor

@ Gaurav

 

You have software such as Flexispy and the others.

 

To your direct concern about obtaining call records without consent and in such a way that nobody gets any suspicion, my answer would be the age-old indian proverb.

 

" YOU CAN CLOSE A VESSEL USING A LID, BUT YOU STOP THE CURIOSITY AND MOUTH OF THE WORLD "

 

So, Yes, exactly similar to  a person stealing money from his own parents to fund his habit of gambling, companies too have people who resort to crimes ranging from simple ones to complicated ones, without anybody getting any suspicion.

 

See, Finally, on the day of  the actual war, what matters is your legal evidence.

 

That is why I advised you to send a letter to the MD and VP-Legal along with a communication to TRAI, highlighting your suspicions.

 

You can, if you have sufficient evidence, file a PIL ( Public Interest Litigation ), seeking to understand the steps taken by the companies to ensure

FOOL-PROOF security.

That is the technical word we use in the Technology Industry.

 

" FOOL-PROOF METHODS for security "

 

So, with such letters as evidence, if required in the future, you can always establish that you have brought to their notice a suspicious activity and it is up to them to prove to the court that they have ensured adequate security measures and despite that if information of a private nature, has flown out, the company needs to compensate you for the damages.

 
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Thank you all for your valuable insights & time.

 
Reply   
 
Advocate

I agree to the opinions of the learned  experts in the field. 

 
Reply   
 

Legally speaking, no one can do it, without authorisation. You can file a case against the company as some of its member has done a mischief. 

 
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