Gujarat High Court Restrains Google from Deleting Data

The Gujarat High Court, in the case of Neel Samir Shukla v. Union of India, has issued a restraining order against Google, preventing the deletion of data from the account of a 24-year-old IT professional. 

The individual claimed that his account was blocked by Google after he uploaded childhood photos depicting him being bathed by his grandmother onto his Google Drive. The court’s decision comes amidst allegations of the account containing “explicit content” or “child pornography.”

Gujarat High Court Order Against Google: 

Justice Vaibhavi Nanavati, presiding over the case, ordered Google to refrain from deleting the data associated with Shukla’s Google account until further notice. 

The judge emphasized the petitioner’s inability to access essential services such as Gmail and Google Pay, which are linked to his Google account. 

The court cited the petitioner’s legal notice to the app, dated August 3, 2023, and the lack of response from the tech giant as grounds for the interim relief.

Advocate’s Plea:

Advocate Dipen Desai, representing Shukla, informed the court that the tech giant had notified through email its intention to delete the data from Shukla’s account by April 4, 2024. 

Despite serving Google with the necessary notices, the company failed to appear in court. Desai pleaded with the court to prevent the deletion, highlighting the potential irretrievability of crucial data.

Google Case Background:

Shukla’s account was reportedly blocked by the Tech Giant following his upload of childhood photographs, which included images of his grandmother bathing him. He claimed that the tech giant categorized these innocent family photos as child pornography. 

Despite seeking assistance from both state and central authorities, Shukla remained unable to resolve the issue. Consequently, he faced obstacles in conducting his business activities, leading to financial losses.

Legal Proceedings:

In April 2023, India informed Shukla of the account blockage, citing a violation of its policy on explicit child abuse. 

Shukla attempted to address the issue through Google’s grievance redressal mechanism, to no avail. With his Gmail account inaccessible, Shukla expressed concerns over the loss of personal and professional information. 

The court noted that unless the account was unblocked before April 4, 2024, Google’s policy would lead to the deletion of data.

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