SC Lists WhatsApp Data Privacy Case For Final Hearing On January 17

In a fresh development, the Supreme Court on Monday listed the WhatsApp data privacy case for final hearing on January 17.

The apex court has also asked the related parties, central government and WhatsApp parent Meta, to conclude their arguments by 15 December, Mint reported.

Last year, two individuals challenged the contract that entered between WhatsApp and Meta to provide access to calls, photographs, texts, videos, and documents shared by users and the petitioners contended that it is a violation of their privacy and free speech.

WhatsApp’s Contentious Privacy Policy

The case is related to WhatsApp’s 2021 privacy policy, as to whether the rule violates users’ Right to Privacy under Article 21.

Earlier, the central government told the Supreme Court that it is in the process of bringing the new data protection bill to safeguard citizens’ rights.

“So far the petitioners are concerned we are alive to the situation. Indian citizens cannot be discriminated against the other consumers globally present on WhatsApp,” the counsel for the government said as quoted in the report.

Senior advocate Shyam Diwan, representing the petitioners, claimed that WhatsApp’s privacy policy had changed post Meta-acquisition. He also told the court that Indian consumers shouldn’t be at a disadvantage in comparison to users elsewhere until the Bill takes shape.

“If any platform is operating in India, it should be citizen-centric and not WhatsApp-centric…we have witnessed many cases where privacy is being violated,” solicitor general Tushar Mehta said.

It must be noted that the government on Friday (November 18) published the long-awaited draft Digital Personal Data Protection Bill, 2022. The Bill has narrowed down its scope to focus on personal data, rather than regulating the use of non-personal data.

In case of non-compliance with the provisions of the Bill, a penalty of up to INR 500 Cr may be imposed on entities managing data. Hence, they will need to be more cautious about handling users’ data.

The government will form the Data Protection Board of India (Board) to determine non-compliance with provisions of the act and impose penalties.

While India is finalising its data privacy policy, WhatsApp stays under regulatory scanner. The Delhi High Court earlier dismissed the plea filed by WhatsApp and Facebook challenging the Competition Commission of India’s (CCI) probe against the messaging app’s contentious updated privacy policy introduced last year.

According to the company’s policy, it can share more of its user data, including transaction data, IP addresses, mobile device information, and other non-personally identifiable information, with its parent company Meta.