WhatsApp Privacy Policy: Treatment of Indian users differs from Europe, says Govt in HC

The government is concerned about these changes because the company doesn't give India users an option of opting out.

WhatsApp India Delhi-High-Court

Government of India put of record after the Delhi High asked about the explanation offered by WhatsApp regarding the notice and questionnaire sent by government on its privacy policy changes.

The plea challenging the updated privacy policy of WhatsApp has been adjourned by Justice Sanjeev Sachdeva till March 1 because the Additional Solicitor General, Chetan Sharma sought time to place in record the response of the online communication app, according to a report in Hindustan Times.

The ASG Sharma said the government of India took notice of the change in the policy of WhatsApp. He also said the communications platforms treats Indian users differently.

Sharma said, WhatsApp has provided an opt-out option in Europe where a user can opt-out if they don't like to share their data with the company while the same option isn't available in India. The joint parliamentary committee is already discussing the Personal Data Protection Bill, said Sharma.

Chetan Sharma (ASG) said, “Privacy policy offered by WhatsApp to its European users specifically prohibits the use of any information shared with a Facebook company...this clause has not been offered to Indians and Indian citizens who form a substantial part of WhatsApp’s user base.” He was quoted by Hindustan Times.

Sharma added that government is concerned about these changes because the company doesn't give India users an option of opting out.

Lawyer Chaitanya Rohilla filed a plea challenging WhatsApp update to its privacy policy. Advocate Mukul Rohtagi was appearing for WhatsApp and said the company would respond to the government on Monday as the government had sought clarification of the new privacy policy impacting Indian users.

Senior lawyer, Kapil Sibal said that court cannot interfere when the matter is already being looked after by the authorities and that there is no locus of petitioner when the matter is between government and the company.

Advocate Manohar Lal was appearing for the petitioner and he said that the privacy policy of WhatsApp is not in terms with the laws of the company. Sharing data could be a serious threat to the country because the data is shared globally, he said.

Justice Sachdeva noted that the WhatsApp is a private entity and using it is voluntary. If it concerns the petitioner, he can uninstall the app. The matter will now be heard on March 1.

Read More: WhatsApp privacy row: Govt writes to company, asks to withdraw changes in policy


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