No access to users data or sharing it with Facebook: WhatsApp to Delhi HC

WhatsApp made extensive changes to its privacy policy last month giving users the option of sharing their account information with the parent company Facebook. The Instant messaging platform has, however, opposed in Delhi High Court a plea alleging that the new policy threatens the privacy of its users saying that the regulations are in place and the latter does not have access to any data as it provides end-to-end encryption.

The bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal were hearing a petition filed by users of WhatsApp on Wednesday, challenging the messaging platform’s proposal of data sharing and the manner of seeking such consent.

According to the petitioners, WhatsApp’s strategy of gaining user permission for such data sharing is deceptive and surreptitious in nature and infringes on privacy rights of citizens, in a severe contrast to the over-the-top (OTT) platform’s initial user policy.

Senior advocate Siddharth Luthra, appearing for WhatsApp, said there are government regulations in place and the application does not share users private messages, contents, photos or data on Facebook.

He said WhatsApp only shares a user’s name and the phone number with Facebook. “WhatsApp does not have access to any data as it provides end-to-end encryption”.

“We only have access to the person’s name and number which is also obtained by online consent. We are abiding by the central government’s regulations for messenger apps. We are not dealing with sensitive information at all,” Luthra said, adding that “if any of the users wants to opt out of the new policy, he/she cannot be forced to not choose that option”.

However, senior advocate Pratibha M Singh, appearing for petitioners Karmanya Singh Sareen and Shreya Sethi, argued the messaging service was sharing the entire data with Facebook even if users opt out of the new policy.

“The policy says sharing can be restricted (by users) only for Facebook advertisements and experiences; for all other purposes, the data may be shared,” said Singh.

In this regard, the petition has sought for directions to be issued to the Centre to protect the privacy of individuals using such services and for the Telecom Regulatory Authority of India to frame the necessary rules under the Information Technology Act, 2000, for this purpose.

The bench has asked WhatsApp to file an affidavit, in line with Wednesday’s submissions, in order to create a written record of the OTT platform’s stance. The matter has been listed for further hearing on September 20.