The Central government informed the Delhi High Court on Monday that it has sent a notice and questionnaire to WhatsApp seeking clarification on its new privacy policy.
The single-judge bench of Justice Sanjeev Sachdeva was hearing the matter through video conferencing. During the hearing, Additional Solicitor General (ASG) Chetan Sharma sought time to place the WhatsApp response on the queries of the government on its new privacy policy.
The ASG told the Court that Centre has taken a strong note of the New Privacy Policy, which is giving differential treatment to its Indian users and is a cause of concern for the government.
The ASG also told the court that an opt-out option to not share data with Facebook has been given to European users of WhatsApp, but it has not been given to Indian users, treating them with an “all or nothing approach”. He also said that a Parliamentary Standing Committee is already discussing the Personal Data Collection Bill.
“This differential treatment is certainly a cause of concern for the government. The government is also concerned about the Indian users being subjected to these changes rather unilaterally by not providing them the ability to opt out,”
-he said.
The court was hearing a plea by lawyer Chaitanya Rohilla challenging the new privacy policy of WhatsApp, contending that it violates the Right of Privacy of the citizens.
The plea has been filed through Advocate Manohar Lal who has alleged that WhatsApp has put a “Damocles’ sword on its users” to accept its new privacy policy. The updated policy virtually scrutinises the personal profile of a user, he said.
The plea has also said that the new norms also jeopardise national security by sharing, transmitting and storing the users’ data in some another country.
Senior Counsel Kapil Sibal, appearing for Facebook, questioned the locus of the petitioner and said this is between WhatsApp and the Government and the court cannot intervene when there is a regulatory authority to look into the matter. Appearing for WhatsApp, Senior Counsel Mukul Rohatgi also told the Court that government has written to them seeking clarification on the new privacy policy. He said that they would give their response to the government by Monday.
Advocate Manohar Lal told the court that the policy is not in terms of the laws of the company. Further, he stated that the sharing of data is a serious matter of threat to the country’s security and democracy as the information is shared globally.
During the hearing, Justice Sachdeva reiterated that WhatsApp is a private application and voluntary where the petitioner can uninstall it in case he/she has concerns. The court also noted that when the government is already looking into the matter, then no orders are called from the court.
Also Read: Saving Your Privacy
The Court has adjourned the hearing till next date i.e. March 1, 2021.