Supreme Court, while hearing a plea in connection with WhatsApp’s new privacy policy, has issued notices to the instant messaging platform and its parent company Facebook sending a clear message that Right to Privacy is a fundamental right of the citizens and the court is obliged to protect this right.
- Supreme Court observes that it is the court’s duty to protect privacy of the citizens;
- Supreme Court issued notices to WhatsApp and Facebook to respond to the current application seeking restraint on implementation of policy;
- Appellant claimed differential policy applied by WhatsApp to Indians vis-à-vis European countries;
- WhatsApp counter claimed that except Europe, all the other countries have similar policy;
- Matter scheduled for hearing post 4 weeks.
The apex court, on Monday, was hearing the application filed by Karmanya Singh Sareen against WhatsApp’s new privacy policy. Advocate Shyam Divan, representing the appellant in the case sought directions from the top court to restrain WhatsApp from implementing its new privacy policy in India.
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SC strongly noted that people have grave apprehensions on loss of privacy. It said to the legal counsels of WhatsApp that their client may be a 2 or 3 trillion dollar company, however, when it’s the users privacy at stake, it is of much more value and the court shall endeavor to protect it.
Divan argued that WhatsApp has come up with differentiating privacy policy for the Europeans and different policy applicable to Indians. He demanded that until the new data protection law comes into force in India, WhatsApp should be restrained from implementing its new privacy policy. The top court acknowledged Dian’s submission and said that it would issue notice on the matter.The matter was being heard by a bench, headed by the Chief Justice S A Bobde and comprising of Justices A.S. Bopanna and V. Ramasubramanian.
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WhatsApp was represented by senior advocates Kapil Sibal and Arvind Datar who challenged Divan’s contentions on the grounds that WhatsApp’s privacy policy applicable to India is the same policy as applicable to United States of America, Australia and rest of the world except Europe. Since Europe has different laws, they have a special privacy policy. The counsels also argued on the maintainability of the application as the Delhi High Court is already seized of the matter.
Solicitor General Tushar Mehta, representing the Centre, said the right to privacy is a fundamental right and they cannot compromise with the privacy of people of India.
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After a detailed hearing on the matter, Supreme Court issued notices to WhatsApp and Facebook on this plea against its new privacy policy and directed them to file their statements challenging the contentions of the current application.The next hearing on the matter is slated after 4 weeks.
On the maintainability issue, the top court observed that it will have to consider if a similar petition, pending before the Delhi High Court, is maintainable when the Supreme court’s constitution bench is already seized with the matter when 2016 WhatsApp privacy policy is already challenged.
