The 2016 privacy policy of WhatsApp is before the Indian Supreme Court. Before that year, WhatsApp had assured its users that their data wouldn’t be shared with anyone. As soon as Facebook bought it, WhatsApp asked people to share their data with Facebook. In the 2021 update, consumers like me and you were not left with the option to even opt out. The issue of whether the right to privacy under Article 21 is violated is before the Supreme Court now.
WhatsApp in Court
While the new Data Protection Bill is on the horizon, WhatsApp has told the Apex Court that it stores only the phone number and name of its users. Whatsapp argued that because users agree with Privacy Policy, it should not be contested. But the Apex Court is not worried about consent. “It is whether the law permits it to be transferred without consent,” said the Court.
Senior Advocate Mukul Rohatgi abridged the court that, ideally, without agreeing to it, one can’t even use the application. Senior Advocate, Mr. Shyam Divan, told the court that this is not the case now. WhatsApp allows users to use its application even when they do not agree to the Privacy Policy. Kapil Sibbal told the court that the government has already been aware of it for the last two years.
Also read: Love, Lies and Consent: The Marital Promise Conundrum
Whatsapp ordered to go public
The information could not satisfy the consciousness of the court. The Constitutional Bench of five judges have asked to advertise Privacy Policy to users. WhatsApp has to advertise in five national newspapers on two occasions. The advertisement should be full-page and contain undertakings given to the government by WhatsApp.
The order upholds the user’s constitutional right to privacy. Users will also get the opportunity to make informed choices, an inherent feature of democracy.
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