Government of India put of record after the Delhi Highasked about the explanation offered by WhatsApp regarding the notice andquestionnaire sent by government on its privacy policy changes.
The plea challenging the updated privacy policy ofWhatsApp has been adjourned by Justice Sanjeev Sachdeva till March 1 becausethe Additional Solicitor General, Chetan Sharma sought time to place in recordthe response of the online communication app, according to a report inHindustan Times.
The ASG Sharma said the government of India took noticeof the change in the policy of WhatsApp. He also said the communicationsplatforms treats Indian users differently.
Sharma said, WhatsApp has provided an opt-out option inEurope where a user can opt-out if they don't like to share their data with thecompany while the same option isn't available in India. The joint parliamentarycommittee is already discussing the Personal Data Protection Bill, said Sharma.
Chetan Sharma (ASG) said, “Privacy policy offered byWhatsApp to its European users specifically prohibits the use of anyinformation shared with a Facebook company...this clause has not been offeredto Indians and Indian citizens who form a substantial part of WhatsApp’s userbase.” He was quoted by Hindustan Times.
Sharma added that government is concerned about thesechanges because the company doesn't give India users an option of opting out.
Lawyer Chaitanya Rohilla filed a plea challengingWhatsApp update to its privacy policy. Advocate Mukul Rohtagi was appearing forWhatsApp and said the company would respond to the government on Monday as thegovernment had sought clarification of the new privacy policy impacting Indianusers.
Senior lawyer, Kapil Sibal said that court cannotinterfere when the matter is already being looked after by the authorities andthat there is no locus of petitioner when the matter is between government andthe company.
Advocate Manohar Lal was appearing for the petitioner andhe said that the privacy policy of WhatsApp is not in terms with the laws ofthe company. Sharing data could be a serious threat to the country because thedata is shared globally, he said.
Justice Sachdeva noted that the WhatsApp is a privateentity and using it is voluntary. If it concerns the petitioner, he canuninstall the app. The matter will now be heard on March 1.