‘CAN’T SHARE FB, WHATSAPP DATA’
Centre’s stand contradicts its position in privacy and Aadhaar cases
Social media platforms such as WhatsApp and Facebook cannot share subscriber data because these are too intimate, the government has said in the Supreme Court. ››
NEW DELHI: Social media platforms such as Whats A pp and Facebook cannot share subscriber data because these are too intimate, the government said in the Supreme Court on Friday.
The government declared its stand before a bench of five judges, which is hearing a petition challenging Whats App’ s policy to share its user data with Facebook, the US-based social network that bought the popular instant messaging application in 2014.
According to petitioners Karmanya SinghS are en and Shrey a Sethi, both law students, the policy breached the privacy of 160 million users in India.
In response, additional solicitor general P Narasimha said data of users were “integral” to the right to life and personal liberty that the Constitution guarantees. “My personal data are intimate tome. If there is any con- tractual obligation between the individual and the service provider impinging on an individual’s right, the state will have to intervene and regulate sharing of such data as these are an integral part an individual’ s personality ,” he said.
The law officer assured the court that regulations would be ready soon to prevent private social media operators from sharing personal data of subscribers without their consent.
The court fixed September 6 for the next hearing, after noting that a nine-judge bench is in the process of determining whether privacy is a fundamental right guaranteed by the Constitution.
The government’s stand on social media contradicts its position in the privacy and Aadhaar cases. It said right to privacy is not constitutionally inherent.
According to petitions challenging the Aadhaar law, collection of biometric details to issue the 12-digit unique identification number invades people’s privacy.
The Whats A pp counsel, senior advocate Kapil Si b al, argued that the petition was not maintain able because it was filed by just two people. Besides, he said his client provides free telephony, messaging and data services.
His argument did not convince the bench. Justice Dipak Misra, who headed the bench, said: “When you are facilitating for X, Y or Z, you can not impose arbitrary conditions. Data protection is a requirement, the nitty-gritty can’t be worked out by the court. Government can do this.”
Sibal also denied WhatsApp shared data with a third party and only Facebook can access the information. He said other platforms such as Google, Yahoo and Uber share subscriber data.
“But nobody criticises them,” said senior advocate Siddhartha Luthra, appearing for Facebook.
In response, justice Misra re marked :“U be risa taxi operator. That really can’ t be compared or equated with a service provider of the present nature (WhatsApp). You (Whatsapp) can’t impose conditions which are against my rights. You can’t control my choice.”
Representing the petitioners, senior advocate Harish Salve said data sharing is “gross transgression of a citizen’s right to privacy”.
“Merely because you( Whats A pp) area service provider, you cannot say I will open your letter and read it,” he said.