The Delhi High court has passed new privacy policies from WhatsApp but with some conditions.
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Chief Justice G Rohini and Justice Sangita Dhingra Sehgal directed WhatsApp to delete information and data of persons who opted out of the service before September 25 and not to share them with Facebook or other group companies.
WhatsApp had in August announced changes in its privacy policy following its acquisition by Facebook.
The Delhi High court on Saturday ordered Internet messaging service WhatsApp to delete all date of people who have deleted the messaging app from their devices till September 25, when its new privacy policy comes into effect.
As per WhatsApp new policy it can collect and share information of its users’ with Facebook and all its group companies for the goal of commercial advertising and marketing on its platform.
“We are, therefore, of the view that it is always open to the existing users of WhatsApp who do not want their information to be shared with Facebook, to opt for deletion of their account”, the court said. Under the new norm, it announced it would and could share users’ personal information, including their phone numbers, with its parent company Facebook.
The court, however, declined to pass orders to block the change in privacy policy on the grounds that the issue can not be taken up by the High court as the messaging service was not violating any rules or laws.
Telecom Regulatory Authority of India (TRAI), the telecom regulatory body, was also asked to determine if an instant messaging service such as WhatsApp could be could be brought under existing statutory framework.
The bench said it was issuing the directions as WhatsApp, while launching its app initially, had provided complete security and protection of privacy, and also as the issue relating to an individual’s right to privacy was yet to be decided by the Supreme Court. To this, TRAI responded that so far, “instant messaging applications have not yet been brought within the purview of the statutory regulatory framework”. They contended the new policy stating that the new ToS would compromise the security and privacy of data that belongs to the users.
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Petitioners’ advocate Pratibha M. Singh had opposed WhatsApp’s submission saying that user information continues to be retained for a longer period of time even after it is deleted.
