Messaging platform WhatsApp on Monday told the Delhi High Court that its new privacy policy came into effect on May 15, the Hindustan Times reported. The Facebook-owned application said that it was trying to get users on board to accept the new policies, but in case they do not do so, their accounts will slowly be deleted.
The platform said that there was no universal or uniform time limit after which it will start to delete accounts as each user would be dealt with on a case-to-case basis, PTI reported.
Advocate Kapil Sibal made the submission on behalf of WhatsApp during proceedings on a plea alleging that the policy violates the Right to Privacy under the Constitution. A bench of Chief Justice DN Patel and Justice Jyoti Singh sought the response of the Centre, Facebook and WhatsApp on the matter. The case will next be heard on June 3.
In January, WhatsApp had sent its users a notification that it was preparing a new privacy policy, and it reserved the right to share some user data with Facebook. However, after facing massive backlash and with millions of users moving to other messaging platforms such as Signal and Telegram, WhatsApp decided to defer the changes to May 15. The company said it will do more to clear misinformation about the policy.
In Monday’s hearing, Additional Solicitor General Chetan Sharma, appearing for the Centre, told the court that the there were concerns that the policy was in violation of the Information Technology Act, Bar and Bench reported. He also said that the Centre had written to the chief executive officer of WhatsApp and was awaiting a reply.
Senior Advocate Arvind Datar, also appearing for WhatsApp, submitted that the policy was not against the Act. “We can go rule by rule,” he said.
“The question is, does India have a public policy for privacy? Sibal questioned. “If a public policy of privacy is there in India, does it apply to WhatsApp policy?”
Sharma then referred to media reports stating that implementation of the policy had been deferred, to which Sibal said that was not the case and it had come into effect from May 15.
Meanwhile, lawyers appearing for the petitioners sought a status quo for users who have not accepted the new policy. The lawyers said that such accounts should not be deleted and their data should be preserved till the court decides on the matter.
However, the court refused to grant such an interim relief.
In an affidavit submitted to the court last week on the plea, WhatsApp had stated that the policy update was not mandatory and users had the option of deleting their account or not using it, according to Live Law. The affidavit named a number of private companies, including Google, Microsoft, Zoom and Ola Cabs and state-owned companies Aarogya Setu, BHIM and IRCTC, which WhatsApp claimed, have a privacy policy similar to its update.
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