Facebook-owned mobile messaging service WhatsApp on Monday told the Delhi High Court that it has not deferred its May 15 deadline for the users to accept the new privacy policy, while the Centre demanded for maintaining status quo.
Senior advocate Kapil Sibal, representing WhatsApp, submitted before a bench of Chief Justice D N Patel and Justice Jyoti Singh, the court that it was trying to get users on board, but if they did not agree to the privacy policy, then the company would slowly delete these users accounts.
Sibal submitted before the court, “there is no deferment of policy.”
Additional Solicitor General (ASG) Chetan Sharma, appearing for the Centre, submitted there are concerns that the policy was in violation of the Information Technology Act, 2000 and Rules thereunder.
He said that the government has written to the CEO of the company and it was waiting a reply. The updated policy will allow WhatsApp to share some data about users' interactions with business accounts with its parent company Facebook.
The ASG submitted the court should record the WhatsApp’s counsel statement that the company will conform with the Indian law. He added that the company should maintain status quo where neither the account or the data is deleted if users’ revoke their consent for the new privacy policy.
WhatsApp’s counsel objected to the stay and submitted that they would not make any such statement.
Senior advocate Arvind Datar, representing WhatsApp along with Sibal, maintained "our privacy policy does not violate the IT Rules, we can go by rule."
Sibal further argued that that question is that does India have a public policy for privacy. “If a public policy of privacy is there in India, does it apply to WhatsApp policy," he asked.
The High Court posted the matter for consideration on June 3.
It was hearing a plea filed by Seema Singh and law student Chaitanya Rohilla who sought directions to the Centre to direct WhatsApp to roll back their policy or provide an option to the users of opt-out of the January 4, 2021 update.
In February, the High Court had issued notice on the plea.
The Centre had told the court that the new privacy policy does not provide the opportunity to review or amend the full information submitted by a user. In the backdrop of 2011 IT Act, the Centre had argued that the new privacy policy fails to specify the types of “sensitive personal” data being collected, and with whom this information was being shared.