While WhatsApp reiterated that its service is fully end-to-end encrypted and and neither it nor Facebook can see messages, the petition contends that new policy makes a “mockery out of our fundamental right to privacy”. It also jeopardises India’s national security by “sharing, transmitting and storing the users data in some another country and that data in turn will be governed by the laws of that foreign country,” it said.
On Monday, the Ministry of Electronics and Information Technology wrote a letter to WhatsApp CEO Will Cathcart asking it to withdraw the proposed changes to its terms and conditions.
The court did not issue a notice in the case and adjourned the matter till January 25.
‘WhatsApp is a private app, don’t join it’: Delhi HC
A single-judge Bench of Justice Sanjeev Sachdeva says if that if the petitioner WhatsApp will compromise their data, they can delete it. ““It is a private app. What is your grievance? Don’t join it,” the court said during the hearings. “I can’t understand your concern. If you feel WhatsApp will compromise data, delete WhatsApp,” it said.
Other apps also collect data: Court
The judge also asked the counsel appearing for the petitioner to provide details on what kind of data was being compromised by WhatsApp. “There are two issues. One is that your personal messages are looked into. Other is browsing history,” the Court said, adding that “Not just WhatsApp but all platforms do that”. “Don’t use them. Do you use Google maps?..Do you know Google Maps also shares data… I doubt if you’ve read the terms and conditions of any of the apps that you use,” the court said.
Chats are encrypted, petition not maintainable: WhatsApp, Facebook
Senior Advocates Kapil Sibal and Arvind Datar, representing WhatsApp and Facebook respectively, both said that the petition is not maintainable. Sibal also said “Users don’t have to message with businesses if they don’t want to”.
WhatsApp has 360-degree profile on users: Petitioner