Delete WhatsApp if concerned about data privacy: HC

JUSTICE SANJEEV SACHDEVA ALSO REFUSED TO ISSUE NOTICE ON A PLEA BY LAWYER CHIRAG ROHILLA, WHO

HAD CHALLENGED THE NEW POLICY OF WHATSAPP

The Delhi high court on Monday remarked that WhatsApp is a private app and in case anyone has a problem, he or she can remove it from their phones. The court added that all applications, and not just WhatsApp, take information from their users.

Justice Sanjeev Sachdeva also refused to issue notice on a plea by lawyer Chirag Rohilla, who had challenged the new updated policy of WhatsApp. The court adjourned the matter to January 25 due to the paucity of time.

Appearing for the petitioner, his counsel Manohar Lal requested that a response be sought from WhatsApp on his allegations and the issues raised by him. However, the court said that the petitioner can switch to some others application if he has a problem.

Senior advocate Mukul Rohatgi, appearing for WhatsApp, told the court that the policy remains the same as it was for private persons for the last five years.

He also said that the policy has been updated only with respect to business accounts, while also adding that private chats would continue to remain end to end encrypted.

The plea has contended that updated policy virtually scrutinises the personal profile of a user, violating the Right to Privacy of an individual.

The petition had also said that WhatsApp has put a “Damocles’ sword on its users” to accept its new privacy policy by February 8.

However, it was informed during the hearing that the implementation of the policy has been deferred till April.

Under the new policy, users can either accept it or exit the app, but they cannot opt not to share their data with other Facebook-owned or third party apps. The lawyer appearing for the petitioner claimed that the option not to agree with the new policy was given to users in European nations, but not in India.