WhatsApp's recent decision to share user data with parent company Facebook today reached the doorsteps of Delhi High Court, which sought the government's response on the modification
New Delhi: WhatsApp's recent decision to share user data with parent company Facebook today reached the doorsteps of Delhi High Court, which sought the government's response on the modification.
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A bench of Chief Justice G Rohini and Justice Sangita Dhingra issued notice to the Centre on a plea by two users of the most popular instant messaging service, alleging that WhatsApp, Facebook Inc and Facebook India Online Pvt Ltd's new private policy "compromises the rights of its users".
Taking note of the concern by petitioners Karmanya Singh Sareen and Shreya Sethi, the high court wished to examine the issue and asked the concerned authorities to file their reply by September 14.
"The privacy policy is in stark contrast to the Privacy Policy existing from July 7, 2012. In its first revised modification on August 25, 2016, Respondents (WhatsApp, Facebook Inc. and Facebook India Online Pvt Ltd) have introduced this policy which severely compromises the rights of its users and makes the privacy rights of users completely vulnerable," the plea alleged.
The new policy, which is likely to come into force from September 25, has sought to change the "most valuable, basic and essential feature" of WhatsApp, which commenced operations in 2010, by "unilaterally threatening to take away the protection to privacy of details and data of its users and sharing the same with Facebook and all its group companies including for the purpose of commercial advertising and marketing."
Senior advocates Sandeep Sethi and Pratibha M Singh, appearing for the petitioners, submitted before the court that it is a "very serious breach of policy". "The manner in which so-called consent is sought to be taken is highly deceptive in as much as almost the entire community of users of WhatsApp in India are not equipped to even read, much less comprehend, the consequences of the terms and conditions on the basis whereupon, WhatsApp is pretending to obtain consent of the users," the plea filed by advocate Tanoodbhav Singhdev said.
The plea sought direction to prohibit WhatsApp, Facebook Inc and Facebook India Online Pvt Ltd from sharing, in any manner the details and data of every kind of subscribers with any entity, including Facebook or its family of companies.
It also urged the court to direct the Centre or any appropriate authority to discharge their executive, statutory and all other obligations in relation to protection and safety of privacy of details of the users of Whatsapp across India.
The plea sought direction to Telecom Regulatory Authority of India (TRAI) to take "all actions including steps towards making Rules under the Information Technology Act, so as to regulate the functioning of WhatsApp, Facebook Inc and Facebook India Online Pvt Ltd and other similarly placed internet based messaging services including their privacy policy for handling of or dealing in personal information including private messages/photos/conversations/audio
messages/videos/documents and data so as to ensure that the privacy rights of the users are not compromised and are duly protected".
"Issue direction restraining WhatsApp, Facebook Inc and Facebook India Online Pvt Ltd from discontinuing availability of WhatsApp's service to all those users who do not respond to the so-called consent being sought by WhatsApp for changing the privacy policy and the WhatsApp service must continue for all such users till the adjudication of the present petition," the petitioner said in their plea.
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