Don't share with FB info of users who stop using WhatsApp: HC
WhatsApp, the instant messaging software, was
today directed by the Delhi High Court to delete the information and data of
those users who would stop using the app before September 25, when its new
privacy policy comes into effect.
A bench of
Chief Justice G Rohini and Justice Sangita Dhingra Sehgal also asked WhatsApp
not to share with Facebook or other group companies the information and details
of users who would opt out of the app, as well as the existing users upto
September 25 to protect their interest.
As per new
privacy policy of WhatsApp, user information would be shared with Facebook.
The court
issued the directions as WhatsApp, while launching its app initially, had
provided complete security and protection of privacy as also because the issue
relating to an individual's right of privacy is yet to be decided by the
Supreme Court.
"Having
regard to the complete security and protection of privacy provided by
Respondent 2 (WhatsApp) initially while launching Whatsapp and keeping in view
that the issue relating to the existence of an individual's right of privacy as
a distinct basis of a cause of action is yet to be decided by a larger bench of
Supreme Court, we consider it appropriate to issue the following directions to
protect interest of users of WhatsApp," the bench said.
The court
directed the government and Telecom Regulatory Authority of India (TRAI) to
"consider the issues regarding the functioning of the internet message
applications like WhatsApp and take an appropriate decision at the earliest as
to whether it is feasible to bring the same under the statutory regulatory
framework."
Referring to
the clauses of privacy policy of WhatsApp, the court said users cannot contend
that the company shall be compelled to continue the same terms of service as
was there at the time of launching of the platform. Under the earlier privacy
policy, there was complete protection of user privacy.
"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.
The
directions and observations came as the court disposed of a PIL by Karmanya
Singh Sareen and Shreya Sethi who had challenged its new privacy policy.
The
petitioners had alleged that the new privacy policy violated fundamental rights
of users by allowing confidential information to be shared with Facebook.
WhatsApp had
earlier informed the court that when a user account was deleted, the
information of that person was no longer retained on its servers.
Source : The
Economic Times