WhatsApp treating Indians differently from Europe users: Centre to Delhi HC

The ASG told the court that an opt-out option to not share data with Facebook has been given to European users of WhatsApp, but it has not been given to the Indian users

The Delhi high court on Monday asked the Centre to put on record the explanation offered by WhatsApp to the notice and questionnaires sent by the government seeking clarification on its new privacy policy.

Representational image. (Bloomberg)

Justice Sanjeev Sachdeva adjourned the hearing in a plea challenging the updated privacy policy of WhatsApp to March 1, after the Additional Solicitor General (ASG) Chetan Sharma sought time to place the response of the communication platform on the queries of the government on the new privacy policy.

During the hearing, the ASG told the court that the Centre has taken strong note of the new WhatsApp policy which is meting out a “differential” treatment to Indian users. He said that notices and questionnaires have been sent to WhatsApp seeking their response on various aspects concerning the privacy of an individual.

The ASG also told the court that an opt-out option to not share data with Facebook has been given to European users of WhatsApp, but it has not been given to the Indian users, treating them with an “all or nothing approach”. He also said that a Joint Parliamentary committee is already discussing the Personal Data Collection Bill.

“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,” Sharma said.

“This differential treatment is certainly a cause of concern for the government. The government is also concerned about the Indian users being subjected to these changes rather unilaterally by not providing them the ability to opt out,” he added.

He said that the minister has gone on record to express the government’s concerns on the privacy issues as “WhatsApp prima facie seems to be treating the users with an all-or-nothing approach”.

The court was hearing a plea by a lawyer Chaitanya Rohilla challenging the new privacy policy of WhatsApp contending that it violates the Right of Privacy of the citizens.

Alleging that WhatsApp has put a “Damocles’ sword on its users” to accept its new privacy policy, the plea filed through advocate Manohar Lal has said that the updated policy virtually scrutinises the personal profile of a user.

The plea has also said that the new norms also jeopardise national security by sharing, transmitting and storing the users’ data in some another country.

Appearing for WhatsApp, senior advocate Mukul Rohatgi told the court that government has written to them seeking clarification on the new privacy policy. He said that they would give their response to the government by Monday.

Senior advocate Kapil Sibal, also appearing for WhatsApp, told the court that this is between government and Facebook and so there is no locus of the petitioner. He also said that the court cannot intervene when there is a regulatory authority to look into the matter.

Advocate Manohar Lal, for the petitioner, told the court that the policy is not in terms of the laws of the company. He said that the sharing of data is a serious matter of threat to the country’s security and democracy as the information is shared globally.

During the hearing, Justice Sachdeva reiterated that WhatsApp is a private application and voluntary where the petitioner can uninstall it in case he has concerns. The court also noted that when the government is already looking into the matter, then no orders are called from the court.

The matter will be now heard on March 1.