38.6c New Delhi, India, Sunday, August 31, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

It is a private app. Don't join it. Use some other app: Delhi High Court on WhatsApp Updated Privacy Policy

By ADITI AGGARWAL      18 January, 2021 09:01 PM      0 Comments
Delhi High Court WhatsApp

Whatsapp had updated its privacy policy on January 4, 2021 wherein it made it compulsory for its users to accept its terms and conditions, failing which the accounts and services would be terminated after a certain period. This policy has been in a controversy seen then. Delaying the new privacy policy update on 16th January, WhatsApp said: 'No One Will Have Their Account Deleted on Suspended On Feb 8.

Advocate Chaitanya Rohilla challenged Whatsapp's updated privacy policy stating that the updated Policy gives the Company virtually a 360-degree profile into a person's online activity. 

Observing the voluntary choice given to users to use or not to use WhatsApp, which is a private app, the Delhi High Court on Monday (January 18, 2020) said that it will only issue notice in the petition once it understands the concern of the petitioner against the application.

Single judge bench of Justice Sachdeva said to the petitioner: "I doubt that you have read any of the policies of any of the apps, you'll be shocked as to what all you consent to, and it is all voluntary, if you don't want, don't use the app. I am yet to understand your concern. Until I understand it, I will not issue notice on your plea."
 

STATEMENTS BY PETITIONERS:

The petitioner has contended that the updated privacy policy violates users right to privacy under the Constitution and claimed that the new privacy policy of WhatsApp allows full access into a users online activity without there being any supervision by the government. It also claimed that the option not to agree with the new policy was given to users in European nations, but not in India. 

"The High Court is not going to make laws, if you want new laws, go to the Parliament," Sr. Adv. Rohatgi said on the petitioner's statement that there needs to be a law regulating these apps.

He urged the High Court to issue an injunction order, restraining WhatsApp from enforcing the updated privacy policy, with immediate effect. He also sought guidelines/ directions to ensure that any change in Privacy Policy by WhatsApp is carried out strictly in accordance with the Fundamental Rights.

He sought a direction upon the Central Government to exercise of its powers under Section 79 (2) (c) read with Section 87 (2) (zg) of theInformation Technology Act for ensuring that WhatsApp does not share any data of its users with any third party or Facebook and its companies for any purpose whatsoever.

 

ARGUMENTS BY REPRESENTATIONS OF WHATSAPP AND FACEBOOK:

WhatsApp and Facebook, represented by senior advocates Kapil Sibal and Mukul Rohatgi told the court that the plea was not maintainable and many of the issues raised in it were without any foundation.

WhatsApp challenged the very maintainability of the petition stating that users had the option to use the business app or not whereas Facebook submitted that, "The app is completely safe to use. Let the petitioner be reassured that all chats between friends, relatives, etc will be encrypted and safe."

The judge asked the petitioner to elaborate its concerns against the app but even after hearing the arguments of the petitioner, the court said that it could not understand what data would be leaked according to the petitioner.The court further said that since the issue requires consideration, it will be listed again on January 25, 2020 due to paucity of time on the said day of the hearing.



Share this article:



Leave a feedback about this
TRENDING NEWS

words-spreads-faster-than-winds-sc-relies-on-testimony-of-neighbour-acquits-woman-in-dowry-harassment-case
Trending Judiciary
'Words spreads faster than winds,' SC relies on testimony of neighbour; acquits woman in dowry harassment case [Read Judgment]

SC acquits woman in dowry case, citing neighbour’s testimony: “Word spreads faster than wind” — conviction under Section 498A set aside.

30 August, 2025 05:54 PM
sc-refuses-to-entertain-plea-against-use-of-temples-land-funds-for-building-college-in-chennai
Trending Judiciary
SC refuses to entertain plea against use of temples' land, funds for building college in Chennai

SC refuses plea against use of Chennai temples’ land, ₹25 cr funds for building college, says using temple assets for education not improper.

30 August, 2025 06:01 PM

TOP STORIES

sc-restores-mandatory-20-percent-deposit-for-suspension-of-sentence-in-cheque-bounce-case
Trending Judiciary
SC Restores Mandatory 20% Deposit for Suspension of Sentence in Cheque Bounce Case [Read Order]

SC sets aside P&H HC order; rules 20% deposit mandatory for suspension of sentence in ₹8.65 crore cheque bounce case under NI Act.

25 August, 2025 12:35 PM
18-former-judges-write-to-union-home-minister-amit-shah-criticizing-his-remarks-on-justice-b-sudershan-reddy
Trending Judiciary
18 Former Judges write to Union Home Minister Amit Shah, criticizing his remarks on Justice B Sudershan Reddy

18 ex-judges write to Union HM Amit Shah, criticizing his remarks on Justice B Sudershan Reddy, stressing judicial independence and dignity.

25 August, 2025 03:09 PM
sc-stays-investigation-into-firs-against-csds-co-director-sanjay-kumar
Trending Judiciary
SC stays investigation into FIRs against CSDS co director Sanjay Kumar

SC stays probe into FIRs against CSDS co-director Sanjay Kumar over Maharashtra polling data post; says multiple cases show harassment motive.

25 August, 2025 03:14 PM
influencers-indulging-in-commercial-speech-cant-claim-fundamental-right-sc
Trending CelebStreet
Influencers indulging in commercial speech can't claim fundamental right: SC

SC: Influencers making commercial speech can’t claim fundamental rights; must apologize and act responsibly towards community sensitivities.

25 August, 2025 04:18 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email