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It is alleged that WhatsApp’s strategy of gaining user permission for such data sharing is deceptive and surreptitious in nature and compromises privacy rights of citizens
WhatsApp submitted before the Delhi high court on Wednesday that it would not share contents of messages sent by users with its parent company Facebook (or its affiliate entities), as part of their data-sharing policy, which is expected to come into effect on September 25.
The Bench of Chief Justice G Rohini and Sangita Dhingra Sehgal were hearing a petition filed by users of WhatsApp, challenging the messaging platform’s proposal of data sharing and the manner of seeking such consent.
The petitioners have alleged that WhatsApp’s strategy of gaining user permission for such data sharing is deceptive and surreptitious in nature and compromises privacy rights of citizens, in a severe contrast to the over-the-top (OTT) platform’s initial user policy.
In Wednesday’s arguments, senior advocate Pratibha Singh began by highlighting relevant portions of the revised privacy guidelines, which she contended will allow WhatsApp to share all types of user data with its parent entity (and its affiliates). “The policy says sharing can be restricted (by users) only for Facebook advertisements and experiences; for all other purposes, the data may be shared,” said Singh.
Responding to the government counsels’ argument, that the availing of WhatsApp services were voluntary choices made by individual users in accordance with the platform’s privacy conditions, Singh mentioned that one-tenth of WhatsApp users resided in India and raised the petitioners’ concerns about the sharing of past data, acquired from users without their knowledge.
Both counsels though, were in agreement that the government did not have the power to regulate the conduct and policy decisions of OTT messaging platforms, such as WhatsApp, under the current legal framework.
In this regard, the petition has sought for directions to be issued to the Centre to protect the privacy of individuals using such services and for the Telecom Regulatory Authority of India to frame the necessary rules under the Information Technology Act, 2000, for this purpose.
The petition also seeks to prohibit WhatsApp from implementing the policy in question and maintain unrestricted access for users of the service till the determination of the present challenge.
Senior counsel Siddharth Luthra, appearing on behalf of WhatsApp, defended the platform’s stance by reiterating the government counsels’ argument. “Nobody has forced anyone (users) to join. If one is not happy (with the terms and conditions of the service), then opt out,” said Luthra.
However, on a concluding note, Luthra offered some reassurance to users of the messaging service by mentioning that WhatsApp only intends to share details of its users and not the content of the messages sent by individuals. Luthra also stated that WhatsApp messages were fully encrypted and inaccessible, even to the service provider itself.
The Bench has asked WhatsApp to file an affidavit, in line with Wednesday’s submissions, in order to create a written record of the OTT platform’s stance. The matter has been listed for further hearing on September 20.
Photograph: Dado Ruvic/Reuters
