WhatsApp LLC told the Delhi High Court on Friday that till India’s data protection law comes into force, it would not compel users to opt for its new privacy policy, as it has been put on hold and will implement it “if Parliament allows it”.
WhatsApp clarified before a bench of Chief Justice D.N. Patel and Justice Jyoti Singh that it would not limit the functionality for users who were not opting for new privacy policy in the meantime, PTI reported from New Delhi.
Appearing for the instant messaging platform, Senior Advocate Harish Salve said, “We voluntarily agreed to put it (the policy) on hold… We will not compel people to accept.”
Salve said that WhatsApp would nonetheless continue to display the update to its users.
In response to Salve’s submission, the court observed that even though the implementation had been put on hold, the policy still continued to exist.
Salve reiterated that the approach would be maintained till the data protection bill becomes a law.
“Commitment is that I will do nothing till the Parliament’s law comes in. If Parliament allows it, I will have it. If it doesn’t, bad luck… I’ve taken it off till the Parliament makes a law. Either we fit in or we don’t,” Salve said.
India’s proposed Personal Data Protection law seeks to regulate the use of individual’s data by the government and private companies. A joint committee of Parliament is presently examining a Bill relating to data protection. The panel has been given time till the monsoon session of Parliament — likely to start later this month — to submit its report.
The court was hearing the appeals of Facebook and its firm WhatsApp against the single-judge order refusing to stop the competition regulator CCI’s order directing a probe into WhatsApp’s new privacy policy.
Last month, WhatsApp moved an application for an interim stay on the probe.
Salve informed the court that on June 4, WhatsApp received a letter from CCI, seeking information directly in relation to the issue of privacy, which is being looked into by the Supreme Court and the high court.
“Please see the questions – month-wise number of downloads, number of active users, number of users left… number of users who opted out…80-90% is directly what your lordship is hearing,” he said.
Salve added that even the federal government communication sent to it in May asking it to withdraw the policy established that the privacy policy was already a subject matter of hearing before the SC and the high court.
Senior Advocate Mukul Rohatgi, appearing for Facebook, submitted that the CCI was jumping the gun by initiating a probe into the privacy policy when a challenge to the same was pending before two higher courts.
Additional Solicitor General Aman Lekhi, appearing for CCI, said that as long as the privacy policy existed, its implications would continue to persist.