by Kritika, CCG
The Attorney General interjected requesting the Court to adjourn the matter for a few months. It was his submission that the Centre was in the process of formulating a data protection framework to regulate private entities collecting personal data.
For WhatsApp, it was argued that the service is popular only because of its insistence on privacy. It was submitted that no part of the content of any message was shared with any third party. The counsels for WhatsApp and Facebook also questioned the setting up of a constitution bench to hear this case as according to them, the case lacked a question of constitutional importance.
In the order passed by the Court today, this opposition to setting up a bench of five judges to hear the matter was recorded. However, Justice Mishra went on to state that this contention would be addressed at the time of the final verdict, signifying the Court’s intention to go ahead with the matter. The petitioners have been requested to file their propositions (/questions of law) by the 24th of April 2017.
The case will be taken up for hearing again on the 27th of April 2017.
Crossposted with permission from CCG at NLU Delhi. Originally published here. Emphasis in the post here has been added by us.
MediaNama’s coverage and analysis of this issue
Apr 6, 2017: Will regulate WhatsApp and other messaging services: Centre tells SC
Nov 2016: WhatsApp to stop sharing user data with Facebook in the UK
Sep 2016: Germany blocks WhatsApp from sharing with Facebook
Sep 30, 2016: Contrary to reports, WhatsApp will comply with Delhi HC order on user data sharing
Sep 26, 2016: On the Delhi HC asking Whatsapp to scrub user data (Our views on the Delhi HC judgment)
Sep 15, 2016: WhatsApp cites encryption as it opposes plea for privacy violation
Sep 01, 2016: Whatsapp backtracks on Privacy (a point of view from CCG NLU, Delhi)
Sep 01, 2016: PIL against WhatsApp asks for prohibition on user data sharing
Aug 29, 2016: Offer valid till… (an editorial viewpoint)
Aug 26, 2016: What, how, and why WhatsApp is collecting data (an analysis of its terms and conditions)