Introduction:

In a recent ruling, the Madras High Court has weighed in on the contentious issue of companies compiling lists of unvaccinated employees. The case, involving telecom giant Bharti Airtel, saw a private complaint by an employee alleging an invasion of privacy due to the circulation of a list of non-vaccinated staff. Justice N Anand Venkatesh quashed the case, asserting that such an action by the company does not amount to a violation of privacy and cannot be penalized under the Information Technology (IT) Act. The court emphasized the need for organizations to prioritize the welfare of the majority during a pandemic.

Arguments of Both Sides:

Bharti Airtel, represented by Senior Advocate Vijay Narayan and Advocate PJ Rishikesh, sought the quashing of proceedings initiated by an employee, Kamatci Shankar Arumugam. Arumugam claimed an unauthorized invasion of privacy when the company circulated a list of unvaccinated employees. The company contended that this was a necessary step to safeguard the majority and comply with COVID-19 safety protocols. The court considered the employee’s termination due to unauthorized absence and found the complaint an abuse of the court process.

Court’s Judgment:

Justice Venkatesh, in his order, dismissed the notion that compiling a list of unvaccinated employees constitutes a breach of sensitive data. The court cited the Supreme Court’s position that vaccination cannot be forced, emphasizing an organization’s duty to consider the welfare of the majority. Justice Venkatesh highlighted that the company had informed Arumugam about remote work options and that not physically attending the office without vaccination was a norm during the pandemic. The court concluded that preparing such lists did not violate the IT Act and quashed the complaint, noting it as an abuse of the court process.