WhatsApp Privacy Case: Delhi High Court says App and Policy Is Voluntary, Users Can Opt Out

NEW DELHI: The Delhi High Court on Monday said consenting to WhatsApp's new privacy policy is a "voluntary" action and a user can opt to not join that platform if they disagree with its terms and conditions.

Justice Sanjeev Sachdeva, while speaking to the petitioner said, "It is a private app. Don't join it. It is a voluntary thing, don't accept it. Use some other app."

The petition, filed by a lawyer, has argued that the updated privacy policy infringes users right to privacy under the Constitution. The plea has also claimed that WhatsApp's new privacy policy allows complete access into a user's online activity without the presence of any governmental supervision. As per the new policy, users can either accept it or exit the app, but they cannot opt out.

The updated policy was supposed to come into effect in February but have now been postponed till May.

The court also said that if the terms and conditions of most mobile apps are read, one would be "surprised as to what all you are consenting to". "Even Google maps captures all your data and stores it," the court said.

The court further said it could not comprehend what data would be leaked, according to the petitioner, and since the issue requires deliberation, it will be listed on 25 January due to lack of time on Monday.

The central government also agreed with the court that the issue needs to be evaluated.

Senior advocates Kapil Sibal and Mukul Rohtagi, while appearing on behalf of WhatsApp and Facebook, informed the court that the plea was not justifiable and many of the issues raised in it were without any substance.

They further said that private messages between family and friends would remain encrypted and cannot be stored by WhatsApp and this position would remain the same under the new policy. The new policy would only affect the business chats on WhatsApp.

The lawyer appearing for the petitioner claimed that the option to not agree with the new policy was given to users in European nations, but not in India.

The plea stated that the updated policy will essentially scrutinise a user's profile completely.

The petition filed by advocate Chaitanya Rohilla, alleged that the new privacy policy by WhatsApp has put a "Damocles' sword on its users" to accept the policy by making it mandatory for users to accept it by February 8 or be removed from the platform.

The plea also stated that the new rules endanger the national security of the country by sharing, transmitting and storing the user data in another country.

It also alleged that WhatsApp is integrating people into Facebook so that Facebook, WhatsApp and Instagram (another subsidiary of Facebook) all become part of one package with access to a huge cache of data.

The plea said that WhatsApp infringed on the user's fundamental right to privacy, and makes the country vulnerable by storing information and data on servers in another country, which might be hostile to India.

"Brazenly, WhatsApp has also made it mandatory for its users to accept this policy by February 8 or else the services and accounts of the respective users would be terminated. This type of arbitrary behaviour and browbeating cannot be accepted in a democracy and is completely against the fundamental rights as enshrined in the Constitution of India," the plea said.

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