A Bench of Chief Justice of India (CJ), SA Bobde and Justices AS Bopanna and V Ramasubramanian said that while the tech giant may be a company, “two or three trillion companies but people value their privacy more than money," CJI Bobde said.
Following the privacy concerns of the new policy of WhatsApp, Senior Counsel Shyam Divan argued that there was no data protection law in India. This was found favourable with the bench as said data protection law would be brought into force.
"People have great apprehension over the loss of privacy," Chief Justice of India Sharad A Bobde said. "People think that if somebody messages to someone then...the whole thing is disclosed to Facebook."
Senior Counsel Kapil Sibal and Arvind Datar representing both Facebook and WhatsApp, respectively, told the court that such fears were not based on reality.
"This 2021 policy is applicable everywhere apart from Europe as it has a law. If India has a law we will follow the same," Sibal said.
WhatsApp was differentiating between European countries and India in its policy, the petitioner’s lawyer, Shyam Diwan told the court.
Solicitor General Tushar Mehta argued that whether there was a law or not, privacy must be protected as it is a fundamental right of every citizen.
The case will be next heard by the court after four weeks.