Highlights

  • SC directive to WhatsApp in privacy policy case
  • Publicise 2021 undertaking to Centre: SC to WhatsApp
  • Plea in SC challenging data sharing between WhatsApp and Meta

Latest news

Asus Pad T3201 Review: OLED Brilliance Meets Everyday Mid-Range Power

Asus Pad T3201 Review: OLED Brilliance Meets Everyday Mid-Range Power

Qualcomm Showcases Snapdragon 8 Elite Gen 6 Chips At IMC 2026, Teases New Flagships

Qualcomm Showcases Snapdragon 8 Elite Gen 6 Chips At IMC 2026, Teases New Flagships

Shokz Diwali Sale Brings Discounts On Open-Ear Headphones Across Amazon And Flipkart

Shokz Diwali Sale Brings Discounts On Open-Ear Headphones Across Amazon And Flipkart

iQOO 16 Confirmed For India With Snapdragon 8 Elite Extreme Gen 6 And OriginOS 7

iQOO 16 Confirmed For India With Snapdragon 8 Elite Extreme Gen 6 And OriginOS 7

ASUS Announces Festive Discounts Across Laptops, Gaming PCs And Tablets

ASUS Announces Festive Discounts Across Laptops, Gaming PCs And Tablets

Priyanka Gandhi lies on ground, Rahul detained as Delhi Police stop INDIA bloc MPs' Jantar Mantar march

Priyanka Gandhi lies on ground, Rahul detained as Delhi Police stop INDIA bloc MPs' Jantar Mantar march

Emotion, tears as Messi retires from Argentina national team

Emotion, tears as Messi retires from Argentina national team

Rajpal Yadav tells CJI Surya Kant his legal troubles inspired film title ‘Solah Sawan Jhel Ke’

Rajpal Yadav tells CJI Surya Kant his legal troubles inspired film title ‘Solah Sawan Jhel Ke’

Privacy policy case: SC asks WhatsApp to give wide publicity to undertaking given to Centre in 2021

The apex court was hearing a plea challenging the contract entered into between WhatsApp and its parent company Meta to provide access to calls, photographs, texts, videos and documents shared by users.

Privacy policy case: SC asks WhatsApp to give wide publicity to undertaking given to Centre in 2021

The Supreme Court on February 1 directed WhatsApp to widely publicise its undertaking given to the Centre that it will not limit functionality for users not agreeing to its 2021 privacy policy but will continue to remind users about the update, and “maintain this approach” till the proposed data protection law comes into effect.

In a letter written to the Ministry of Electronics and Information Technology on May 22, 2021, WhatsApp had assured the government that the privacy of users remains the highest priority and that it will not limit the functionality.

The apex court was hearing a plea filed by two students -- Karmanya Singh Sareen and Shreya Sethi -- challenging the contract entered into between WhatsApp and its parent Facebook to provide access to calls, photographs, texts, videos and documents shared by users, saying it is a violation of their privacy and free speech.

Observing that the matter needs consideration, a five-judge Constitution bench headed by Justice K M Joseph asked the mobile messaging app to give advertisements in five newspapers to publicise its 2021 undertaking given to the government.

Also Watch: 'Nobody has contacted me', Captain Amarinder Singh rejects reports on replacing Maharashtra governor

"We record the stand taken in the letter dated May 22, 2021 (to the government) and we record the submission of the senior counsel for WhatsApp that they will abide by the terms of the letter till next date of hearing.

"We further direct that WhatsApp will give publicity to this aspect for the benefit of the customers of WhatsApp in five national newspapers on two occasions. Advertisements shall be full page and will necessarily incorporate the stand taken in the letter," said the bench also comprising justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C T Ravikumar while posting the matter for hearing on April 11.

As the hearing commenced, Attorney General R Venkataramani, appearing for the Centre, said Parliament may also look into the WhatsApp matter.

"For any reason, if the Court might orient the Parliamentary debate or the public consultation, it may not ....that is one concern," he said.

The bench clarified that it was not looking into the Legislature’s functioning.

Solicitor General Tushar Mehta said a data protection bill will be introduced in the second half of Parliament's Budget session.

"Parliament session has started. It's in two phases. The second session is likely to start from March 13. Subject to the Bill getting approval from Cabinet it is intended to be presented in the second half of this session, i.e., March 13-April 6," he said.

Senior advocate Kapil Sibal, appearing for the messaging app, said the court should await the passage of the bill by Parliament.

"It is not just ordinary legislation. It has ramifications on investment, freedom of speech, privacy etc...It will impact every other intermediary. If it is between now and July, what is the harm. It took 6 years for the European Union(EU) to pass the Bill.

Senior advocate Arvind Datar, appearing for Meta, the company which owns Facebook, said the petitioners have no ground to challenge the policy.

"There are regulations, guidelines in place. There is not a single complaint and they are challenging everything in air," he added.

Defending the privacy policy of the messaging app, Sibal submitted there are 600 million subscribers in India.

He said no personal messages on the messaging app can ever be read by any person including WhatsApp and it's encrypted end to end.

"There are two global regimes. First is the regime followed in USA and other countries. While the other is European regime. That's a matter that law will decide. I want to disabuse your lordships of the impression that whatever we say by way of message is known to a third person. Not even by WhatsApp.

"What is the information we have? Your name, phone number, that’s all. That is the information we have. Basically, it is the phone number. But nothing to do with content, nothing to do with personal data," Sibal said adding that the data is not even stored by us, it is stored in individual phone.

He said since 2009 there has been no complaint from users in India that any personal information has been revealed to anybody or is known to anybody.

"WhatsApp does not process personal sensitive data. That is our policy," Sibal added.

Senior advocate K V Vishwanathan, appearing for the Internet Freedom Foundation, said the 2021 privacy policy which collects large data doesn't provide opt out policy.

"Let them give us the opt out policy. They want this unregulated situation to continue," he said.

Referring to the stand taken by WhatsApp, senior advocate Shyam Divan, appearing for the petitioners, said there is a dramatic difference between the policy being applied in certain jurisdictions in other countries and in India.

He submitted that the stand taken by WhatsApp with respect to subscribers in Europe is different from the ones in India.

The apex court on Tuesday had said it will examine whether it should consider now the plea challenging WhatsApp's policy to share users' data with parent company Facebook and others or will it be a mere "academic" exercise, after the Centre submitted that it was going to bring a data protection bill in the Budget Session.

It had observed that there was no harm in waiting for the Bill to be tabled and "heavens are not going to fall in the meanwhile".

Frequently Asked Questions

The Supreme Court asked WhatsApp to widely publicise its undertaking given to the Centre that it will not limit functionality for users not agreeing to its 2021 privacy policy but will continue to remind users about the update, and maintain this approach till the proposed data protection law comes into effect.

ADVERTISEMENT

Up Next

Privacy policy case: SC asks WhatsApp to give wide publicity to undertaking given to Centre in 2021

Privacy policy case: SC asks WhatsApp to give wide publicity to undertaking given to Centre in 2021

Priyanka Gandhi lies on ground, Rahul detained as Delhi Police stop INDIA bloc MPs' Jantar Mantar march

Priyanka Gandhi lies on ground, Rahul detained as Delhi Police stop INDIA bloc MPs' Jantar Mantar march

AAP stages ‘vote theft’ protest in Delhi, workers stopped by police barricades

AAP stages ‘vote theft’ protest in Delhi, workers stopped by police barricades

INDIA bloc protest: Heavy security in place at Jantar Mantar ahead of MPs’ march

INDIA bloc protest: Heavy security in place at Jantar Mantar ahead of MPs’ march

INDIA bloc MPs head to Jantar Mantar, demand CEC Gyanesh Kumar’s resignation

INDIA bloc MPs head to Jantar Mantar, demand CEC Gyanesh Kumar’s resignation

Delhi residential building collapses in New Seemapuri, no casualties reported

Delhi residential building collapses in New Seemapuri, no casualties reported

ADVERTISEMENT

editorji-whatsApp

More videos

BJP holds ‘Viksit Bharat Sankalp Sabhas’, torch rallies marking PM Modi’s 25 years

BJP holds ‘Viksit Bharat Sankalp Sabhas’, torch rallies marking PM Modi’s 25 years

India condemns Strait of Hormuz vessel attack that injured 11 Indian sailors

India condemns Strait of Hormuz vessel attack that injured 11 Indian sailors

Sudhanshu Trivedi says Congress is 'intoxicated by defeat' amid ECI protest

Sudhanshu Trivedi says Congress is 'intoxicated by defeat' amid ECI protest

Delhi Police detain Youth Congress, NSUI leaders amid protest over CEC Gyanesh Kumar

Delhi Police detain Youth Congress, NSUI leaders amid protest over CEC Gyanesh Kumar

Tensions rise outside ECI headquarters as Congress workers push towards Nirvachan Sadan

Tensions rise outside ECI headquarters as Congress workers push towards Nirvachan Sadan

Kiren Rijiju targets Rahul Gandhi, Congress over ECI protest, calls it 'daily drama'

Kiren Rijiju targets Rahul Gandhi, Congress over ECI protest, calls it 'daily drama'

Rahul Gandhi attacks Centre, CEC over ECI row, says 'Modi-Shah hijacked country'

Rahul Gandhi attacks Centre, CEC over ECI row, says 'Modi-Shah hijacked country'

Delhi HC dismisses pleas seeking probes into 2020 Delhi riots, Jamia violence

Delhi HC dismisses pleas seeking probes into 2020 Delhi riots, Jamia violence

Sambit Patra targets AAP over corruption allegations against Punjab CM's OSD

Sambit Patra targets AAP over corruption allegations against Punjab CM's OSD

Rahul Gandhi targets CEC Gyanesh Kumar after SC questions modified Form 6

Rahul Gandhi targets CEC Gyanesh Kumar after SC questions modified Form 6

Editorji Technologies Pvt. Ltd. © 2022 All Rights Reserved.