WhatsApp’s different policy for users in India and EU major cause of concern, Centre tells Delhi HC

The Centre on Monday submitted to the Delhi High Court that popular messaging application WhatsApp's differential policy for users in India and the European Union with respect to acceptance of the updated privacy policy was a major cause of concern.

This was in response to a petition filed by advocate Chaitanya Rohilla challenging WhatsApp's recent update to its privacy policy.

"Indian users form a substantial part of WhatsApp's user base, yet preferential treatment has been given to EU users. This is a major cause of concern. Reasonable and cogent policies must be put in place by WhatsApp," Additional Solicitor General Chetan Sharma said, as per a report carried by Live Law.

He submitted that the Personal Data Protection Bill, which is pending before the Parliament, addresses a majority of concerns similar to the ones raised in the present petition, and lays down a policy with respect to the matter.

A Single Judge bench of Justice Sanjeeb Sachdeva which is hearing the matter then replied, "So the government is looking into the matter?"

ASG Sharma replied in the affirmative and further elaborated that the Minister had already gone on record to state its concern with respect to the new policy.

Taking note of the submission that the matter is already being looked into at the highest level, and that WhatsApp's reply to the government's communication is still pending, the court re-notified the matter for March 1.

The petitioner, who challenged the policy, responded to the court's question posed last time as to which part of the policy the petitioner was objecting to, and submitted that the part with respect to third party services was the bone of contention and a serious threat to the country's security and democracy as information was shared globally.

Reiterating its stand from last time, the court said that not only was using the application voluntary, but every other application too has similar terms and conditions; therefore it had to be explained as to how this application prejudiced the petitioner.

"What is the ultimate relief that you are seeking?" asked the Delhi High Court, to which the petitioner sought directions to the Centre to lay down guidelines to ensure that WhatsApp does not share data with third parties, and for a stay on their updated privacy policy. The court had questioned if it could issue such directions to the government to frame the law.