WhatsApp’s upcoming data policy challenged in Delhi HC

The petition, moved by advocate Chaitanya Rohilla, states that the policy gives a 360-degree profile view into a person's online activity and that this level of insight into a person's private and personal activities is done

New Delhi: An application was moved in the Delhi High Court on Thursday against instant messaging application WhatsApp’s upcoming data and privacy policy, on the grounds that it violates the right to privacy of citizens of India.

The petition, moved by advocate Chaitanya Rohilla, states that the policy gives a 360-degree profile view into a person’s online activity and that this level of insight into a person’s private and personal activities is done without any government oversight.

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Among other requests, the petitioner has sought injunction against the updated Privacy Policy by WhatsApp with immediate effect.

Rohilla has also sought a direction to Ministry of Electronics and Information Technology to lay down guidelines to ensure that WhatsApp does not share any data of its users with any third party or Facebook and its companies for any purpose.

“Issue guidelines or directions to ensure that any change in Privacy Policy by Respondent No. 2 (WhatsApp) is carried out strictly in accordance with the Fundamental Rights guaranteed in Part-III of the Constitution till such time as rules and guidelines are framed by Respondent No. 1 (Centre),” it added.

The petitioner has further submitted that the sharing of users’ data by WhatsApp to third parties and Facebook is in itself illegal because WhatsApp can only use the information for purposes that are reasonably linked to the purpose for which the information was given.

It rued that the absence of a data protection authority, it leaves the users with a company’s own assurances and privacy policies.

The petitioner also pointed out that India, being a signatory to the International Covenant on Civil and Political Rights (ICCPR), is obligated to implement essential data protection regime, in both the public and private sectors.

WhatsApp is asking users to either give their consent to sharing data with Facebook or lose their accounts after February 8.

To continue using the services, users will have to accept the terms and conditions. If the users do not accept the new terms of service, they will no longer be able to use the app.