What laws are broken when someone shares your correspondence address with a third party through a letter asking him to act against you
2 Answers
Dear Client,
Firstly, send a written representation to the division head, the Chief Postmaster General and the Director General of Posts, demanding preservation of the file, the legal basis for the letter, a written retraction to your former landlord and disciplinary action under the CCS (Conduct) and CCS (CCA) Rules. File an RTI for the file notings and escalate it on CPGRAMS as well.
You can also consider a writ petition under Article 226. The Department of Posts is State run, and disclosing your current address and writing to a third party to cast you as a wrongful occupant violates your right to privacy under Article 21 after Puttaswamy. The High Court can direct a retraction, issue directions on handling complainants’ data and award public-law compensation.
Secondly, you can pursue criminal defamation under Section 356 BNS by filing a complaint before the Magistrate and for civil damages, you can serve a Section 80 CPC notice alongside evidence to prove actual harm. A statement or affidavit from your former landlord about the letter will be your most important evidence, along with a clean timeline of your complaint, your follow-ups and the date of the letter.
I hope this answer helps, if you have any other query kindly do not hesitate to contact us. Thank you.
Dear Client
While these facts may be raising questions about the unauthorized disclosure or use of personal information, privacy and even possible abuse of office, however, it will not be possible to determine the actual offense involved based on the mere fact of the disclosure of your address. The purpose of the disclosure, the authority under which it has been made, the recipient and the contents of the letter and the intent of the officer are all crucial points.
While your current address might have been supplied to the Department purely as the correspondence address for dealing with your grievance, you could raise the specific question regarding the reason for the disclosure of your address to a third party and why such an approach was taken to act against you. According to the privacy policy of India Post itself, personal information collected on its website is used to process the request and also shared with other governmental authorities concerned.
You have to keep the grievance complaint form, the email indicating the correspondence address, the letter sent to the property owner, the proof of delivery, and any communications from the property owner. File a formal written complaint to the higher postal authorities stating that this act of disclosing the information had nothing to do with grievance redressal and seek an investigation into this act by the postal official. Escalation of the grievance is possible under India Post up to higher postal authorities and the Directorate of Public Grievances.
Based on the evidence available, the lawyer can advise you about the civil or criminal remedies, if such acts constitute intentional harassment, intimidation, or disclosure.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.