(ii)
24.
Premium users.
The former category uses the app freely whereas premium users obtain
a subscription membership. Premium accounts are chargeable on a monthly
basis and provide various special features. A premium Telegram app service
would enable voice to text conversion, increased download speed, no ads, etc.
However, the same are not relevant in the present case.
25.
In so far as the data is concerned, Telegram stores its data on a cloud
server. It is claimed that the same is in an encrypted form. The personal data
is claimed to be protected under Telegram’s Privacy Policy4 and its Terms of
Service.5 The relevant features as per Telegram’s Privacy Policy and data
related policies are as under:6
(a)
Verification of Users/Details Collected
(i)
Clause 3 notes that the unique identification as far as Telegram
goes, is the phone number. The app can also sync the user’s
contacts if the user so permits.
(ii)
The only verification done by Telegram is through a code sent to
the given mobile number. Another way of verification is when
the user allows permission to Telegram to access its phone call
logs. Telegram then verifies the number by transmitting a phone
call and confirming receipt of the same in the user’s phone call
logs. Thus, instead of a code, a phone call is given to verify.
(iii)
Clause 3.2 provides that in case a person opts for a two-step
verification or avails of storage of documents through the
4
Telegram, Telegram Privacy Policy, https://telegram.org/privacy.
Telegram, Terms of Service, https://telegram.org/tos.
6
While the said policies have been filed with the suit as of July, 2020, for the purposes of this decision, the
latest copies of the said policies available on the Telegram website, as cited above, have been relied upon.
5
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
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