Contesting the proposed changes to its privacy policies in Delhi High Court, the Centre blamed WhatsApp for following unilateral practices for its users in the country.?
In doing so, the Facebook-owned chat app is treating Indian users differently from Europeans, the centre highlighted.
The centre told the court that the changes were a cause of concern for Indian users as it followed an "all or nothing approach". This is because the app does not give Indian users the option to opt out of these new changes, the primary concern of which is WhatsApp¡¯s decision to share user data with Facebook.
The argument was put forward before Justice Sanjeev Sachdeva by Additional Solicitor General (ASG) Chetan Sharma on Monday. The hearing followed a petition filed by a lawyer against the new privacy policy of WhatsApp in India.
During the hearing, ASG Sharma pointed out the different privacy policies followed by WhatsApp for its user base in India and in Europe. While the latter does not have the clause of the company sharing user data with Facebook, users in India have no escape from the same once the proposed changes come into play.
"This differential treatment is certainly a cause of concern for the government. It is also a matter of concern for the government that Indian users are being unilaterally subjected to the changes in the privacy policy," the ASG told the court. "This leverages the social significance of WhatsApp to force users into a bargain which may infringe on their interests in information privacy and information security," he added.
The ASG also told the court that the scope and expanse of WhatsApp "make it a germane ground that reasonable and cogent policies are put in place which is being done by the Personal Data Protection Bill and discussions are very much on".
The petition contended that the updated privacy policy violates users right to privacy under the Constitution, allowing WhatsApp full access into a user's online activity without any supervision by the government.
The court reiterated its earlier stance at the start of the hearing. It cleared that WhatsApp is a private app and it is optional for the user to download it or not.
"It is not mandatory to download it. Every other app has similar terms and conditions regarding sharing of user information with others," the court said. Adding to this, the court asked why the petitioner was specifically challenging the policy of WhatsApp.
The court also pointed out that the Personal Data Protection Bill was being considered by Parliament and the government was looking into issues raised in the plea.
Appearing for WhatsApp, senior advocate Kapil Sibal told the court that the communication has been received and will be responded to. The court has now listed the next hearing for the matter on March 1.
(With inputs from PTI)