West Bengal Civil Court Issues Notice To WhatsApp On Plea Against New Privacy Policy

A civil court in West Bengal has issued notice to WhatsApp Inc on a plea seeking temporary injunction to restrain the messenger platform from implementing its new privacy policy in India.

The Court of Civil Judge (Jr. Divn), 1st Court, Contai, Purba Medinipur District, issued notice to WhatsApp on February 2 directing it to "show cause as to why the plaintiff's prayer for temporary injunction shall not be granted, within 15 days from the date of service of notice".

The Court issued notice on the application filed in a suit filed one Kutub Uddin, who is said to be a business man dealing with cashew nuts. He said that with the onset of COVID-19, he has been using WhatsApp for his business transactions. According to him, the new privacy policy announced by WhatsApp in January 2021 will enable sharing of private date with Facebook, which will harm his business. The new privacy policy does not apply in Europe since it is illegal under GDPR.

Advocate Sayed Shamim Kawser, the counsel for the plaintiff,  submitted that the the plaintiff is feeling embarrassed to see his business related transactions advertised unauthorizedly in other applications like Facebook.

Though the counsel pressed for an ad-interim injunction, the court declined it. The Court noted that petitions are pending in the Supreme Court challenging the WhatsApp's new privacy policy.

"The urgency has made out in the plaint is not so convincing. The plaintiff could not bring out the prima facie case to show that his rights have been infringed at this stage", observed Civil Judge Rupama Banerjee while declining ad-interim injunction.

The Court also observed that "the facts and circumstances of the case make this Court believe that the object of granting order of ex ­parte ad interim injunction would not be defeated by delay". The case will be next considered on April 8.

The plaintiff has made WhatsApp INC, incorporated in the USA, Facebook INC through Facebook India and the Union of India defendants in the suit. At present, the Court has issued notice only to WhatsApp Inc on the temporary injunction application.

The Delhi High Court is considering a writ petition filed against the updated privacy policy of WhatsApp.

Today(February 5), the Supreme Court refused to entertain a similar petition filed by the Confederation of All India Traders, asking them to approach the Delhi High Court.

Click here to read/download the order