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The petition has been filed by Vinit Goenka, a businessman by profession. He alleged that Microsoft have accessed his sensitive business informations and shares with third party. Based on the articles published in CNN, Reuters, Forbes etc., he also alleged that Microsoft has a previous record of spying and data theft - that it has an internal system of spying on the softwares used by the citizens without their knowledge and permission.
The petition also highlighted the wide usage of Microsoft software by government agencies which apprehended to lead to a threat to the national security. It has been contended by the petitioner that the fundamental right to privacy is available against the non-state actors, and the growing power of social media and software giants, the implementation of such protection under law must be made more strict.
A nine judge bench of the Supreme Court on 24th August 2017 in the case of Puttuswamy vs. Union of India declared that right to privacy is a fundamental right which is to be protected under Part III of the Constitution of India. This landmark judgement has repercussions across both State and non-State actors.
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