• Can I get whatsapp call/messaging history information other than message contents from WhatsApp?

Hello,

I have a friend who has a small bookkeeping/accounting company working with a few employees. He got in trouble by sharing some private information of companies who are working with him to the third parties and he got fined and sued by several companies and government institutions. 

He doubts this has been done one of his employees shared that information with a third person through WhatsApp in a 3-month period (Nov 2020- Jan 2021) but he doesn't know who. All of his employees use WhatsApp (personal version) which one number owned by my friend and now he would like to get access to the call history of this one account for that certain amount of period. I know WhatsApp doesn't keep message content in their servers but ***is there any way to get information of which one number called/interacted with that WhatsApp account in the provided period of time, legally from WhatsApp/Facebook? So we can sue the right employee/the third person?

Note: There is no access to message backup and the actual device used at that time. However, he still owns the phone line and has it with him.
Asked 3 years ago in Business Law

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13 Answers

I don't think that it can be done. The phone/device is with the employee. He will not divulge the details. WhatsApp doesn't share it with the private parties. 

What you can do is file a criminal complaint against the employee for criminal breach of trust and leaking of confidential information and fraud. This issue shouldn't be specifically dealt with in the complaint.

Moreover a case for breach of non disclosure agreement, can also be filed/ civil case.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You need court orders to direct face book / what’s app to obtain call history of one number desired by you 

Ajay Sethi
Advocate, Mumbai
94731 Answers
7536 Consultations

5.0 on 5.0

Ok. Even if the phone no. Is ownwd by you then too the messages/calls are end to end encrypted in WhatsApp. Therefore you cannot request the details as in normal phone calls.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If phone number is owned by you then you can get call history from service provider 

Ajay Sethi
Advocate, Mumbai
94731 Answers
7536 Consultations

5.0 on 5.0

To find out this you have to keep track on each employees for few days and trap the situation or get access to to that particular third party and check who is the calpreits exactly, because asking randomly no one tell you the truth.

In the same manner you have to trap the things again.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

How to retrieve deleted WhatsApp messages: Simply uninstall and reinstall WhatsApp. When you reinstall the app, you will be prompted to restore your message history from the backup file. Select Restore and everything from the latest backup will be restored.

However, if the WhatsApp account is deleted entirely after deleting all chat backups first, then there is very little scope to retrieve anything as even if a new WhatsApp account is created with the same phone number, it is as good as new.

FoneDog Toolkit- Android Data Recovery will now scan the entire Android device so it may actually take a while before the scanning is completed. Once done scanning, you can now see all the deleted WhatsApp messages onscreen.

Recover via local storage

This method however is applicable only for Android users and does not work on iOS. Open the file browser on your device. Go to WhatsApp > Database. The database contains all the WhatsApp backup files that are stored locally.

can police recover deleted pictures, texts, and files from a phone? The answer is yes---by using special tools, they can find data that hasn't been overwritten yet. However, by using encryption methods, you can ensure your data is kept private, even after deletion

Can we get Whatsapp chat  history legally?

Yes, authenticated copy of whatsapp message is valid in court if the same is supplied by the service provider. Only on direction of court or police in a pending investigation the service provider can provide with such details.

 

However please remember that he has to have the original device for recovering the chat history.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

Phone number alone is not enough. 

All of the providers retained records of the date and time of the text message and the parties to the message for time periods ranging from sixty days to seven years. However, the majority of cellular service providers do not save the content of text messages at all..

 it is possible to recover photos and other files from 2 years ago on Android phone. ... So, if you want to recover deleted items then, check your trash section to see if it's there: On your Android phone or tablet, open the Google Photos app . At the bottom, tap Library Trash .

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

 

As per the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Intermediaries, such as WhasApp, Facebook, Twitter etc,  which provide messaging as a primary service must enable the identification of the first originator of the information on its platform.  This originator must be disclosed if required by an order from the Court or the government.  Such order will be passed for specified purposes including investigation of offences related to sovereignty and security of the state, public order, or sexual violence.  No such order will be passed if less intrusive means are effective in identifying the originator of the information.  The intermediary will not be required to disclose the contents of any communication.  If the first originator is located outside India, the first originator of that information within India will be deemed to be the first originator. In your case, you have to take up your issue with the police or court of competent jurisdiction.

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

Dear Sir,

 It all depends upon rules of that company.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

No, there is no procedure to get information of which one number called/interacted with that WhatsApp account in the provided period of time, legally from WhatsApp/Facebook.

read the privacy policy of WhatsApp.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

 No call details will be provided by the Whatsapp/facebook authority.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

There are software professionals who can help your friend in retrieving the phone nos. which were called from the particular phone of  your friend.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

No whatsapp will not provide the same as its encrypted

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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