SC to draft issues in WhatsApp-Facebook privacy case

The Constitution bench of the Supreme Court examining the privacy issue involving WhatsApp and Facebook on Thursday took on record six questions drafted by senior lawyer Harish Salve to be decided by the five-judge panel.

Two Delhi students have alleged that the messaging services violate right to confidentiality as they share content with third parties. Salve, representing them, has accused the services of snooping on private citizens' messages. The Bench presided over by Dipak Misra asked WhatsApp and Facebook to draft their set of questions by May 15 when the court will go into constitutional issues raised by the writ petitions.

The central government re-iterated that it was drafting a regulatory regime to cover all the doubts raised in the case and it will protect individual freedom and privacy.

The court allowed the Internet Freedom Foundation to intervene to support the public interest petitions moved by two students alleging violation of privacy. Its lawyer K V Viswanathan alleged that the messaging services collected metadata of everything that passes through them and private parties have access to such confidential information like diabetic history and sexual preferences of users. Salve’s questions include the state’s obligation to protect the constitutional rights of individuals by framing appropriate regulations to ensure the service providers act responsibly.