Delhi High Court: Delete WhatsApp if you feel it compromises data

Delhi High Court: Delete WhatsApp if you feel it compromises data

Justice Sanjeev Sachdeva of the Delhi High Court observed that WhatsApp is a private app and is used by users voluntarily. The High Court further added that it will only issue notice in the petition once it understands the concern of the petitioner against the application and its contentious updated privacy policy.

The Court was hearing a petition by Adv. Chaitanya Rohilla who challenged the updated privacy policy of WhatsApp. The Court said, "It is a private app. Don't join it. What is your grievance?.. I can't understand your concern. If you feel WhatsApp will compromise data, delete WhatsApp."

Justice Sachdeva further told the Petitioner, "I doubt that you have read any of the policies of any of the apps, you'll be shocked as to what all you consent to, and it is all voluntary, if you don't want, don't use the app. I am yet to understand your concern. Until I understand it, I will not issue notice on your plea."

The counsel appearing for Rohillastated that Whatsapp shares information globally. "Everything they gather from us is shared," he added. The court then said that there are two issues. The first is that personal messages are looked into and shared. The second is that browsing history is shared. The Court asked him to explain as to what was his real concern.

The petitioner replied that the apps analyze browsing history and form an opinion about the user and share that. To this, the court said that all apps do that. The petitioner's counsel said that in Europe and the US, WhatsApp is giving an option to accept or reject the updated policy, here in India, no such option is given.

The petition has also claimed that the new privacy policy of Whatsapp absolutely violates the Right to Privacy guaranteed under Part III of the Constitution of India and asserted that the new policy virtually gives a 360-degree profile into a person's online activity without any government oversight.

The petitioner was also concerned that the updated privacy policy "takes away the choice" of a user to not share their data with other Facebook-owned apps and third-party apps. It added that there is no clarity on extent to which data will be shared and what will be done with the sensitive data of users.

WhatsApp was represented by Sr. Adv. Kapil Sibal while Facebook was represented by Sr. Adv. Mukul Rohatgi. WhatsApp challenged the very maintainability of the petition stating that users had the option to use the business app or not. Facebook submitted that the app is completely safe to use and reassured the petitioner that all chats between friends, relatives, etc. will be encrypted and safe.

When the petitioner stated that there needs to be a law regulating these apps, Sr. Adv. Rohatgi said, "The High Court is not going to make laws. If you want new laws, go to the Parliament."

WhatsApp had updated its privacy policy on January 4, 2021 and made it compulsory for its users to accept its terms and conditions, failing which the accounts and services would be terminated after February 8, 2021 for the respective user.

However, when it faced opposition, WhatsApp assured users that no accounts will be suspended on February 8.

Earlier, the matter was listed before Justice Prathiba Singh who recused from hearing the case.