Privacy Policy: SC Issues Notice To TRAI,Facebook,WhatsApp [Read Petition]

For setting up a regulatory mechanism to protect the privacy of ‘WhatsApp’ users, the Supreme Court on Monday sought Centre’s response on an Appeal which alleged that the popular mobile application illegally shares the data with social network site Facebook.

The Apex Court also sought response from Facebook, telecom regulatory authority TRAI and Whats Up Inc on Appeal filed by Karmanya Singh Sareen and Shreya Sethi challenging the August 2016 privacy policy of Whatsup.The bench of Chief Justice of India J S Khehar issued notice to them and sought their response within two weeks. To address the issue, bench sought Central government’s senior most law officer Attorney General Mukul Rohatgi’s assistance.

The petitioners have challenged the Delhi High Court’s September 2016 order in which the court had directed WhatsApp to delete the data up to September 25 last year.

Appearing for the petitioner, senior advocate Harish Salve argued that 155 million users are affected with the privacy policy of WhatsApp which has started illegally sharing its data with Facebook.

“There is clear violation of Article 19 (right to freedom of speech and expression) and also Article 21 (right to life or personal liberty) of the Constitution. The government is duty bound to protect the right to privacy of the people,” Salve argued.

He sought an interim order saying “ the private and confidential data and information of millions of citizens who are users of internet messaging services such as WhatsApp – shall stand immediately compromised and exposed to potential misuse, thereby causing irreversible damage to the rights of millions of citizens.
The State authorities in other countries / jurisdictions – have already acted proactively and ensured the protection of the personal and private data and information of millions of citizens by issuing directions for preventing the implementation of the modified privacy policy of WhatsApp, he said.

On September 23, 2016 while disposing the petition, High Court had partially allowed the plea.

Read the Petition Here