You can choose to walk out of WhatsApp if you have concerns about privacy, the Supreme Court told two law students on Friday.
The students had challenged a Delhi High Court order upholding WhatsApp’s 2016 policy to share user information with Facebook, arguing that it was a violation of a citizen’s privacy.
“What is disturbing here is you want to continue using this private service and at the same time want to protect your privacy. You can choose to not avail yourself of it... you walk out of it. But if you continue, we cannot answer for privacy,” Chief Justice of India J.S. Khehar initially told senior advocate Harish Salve appearing for the students.
“No, no. You pay for your telephone calls.... you get your privacy. Here [WhatsApp] you don’t pay. This is a private service,” said Chief Justice Khehar, who is heading a Bench also comprising Justice D.Y. Chandrachud. Countering the court’s logic, Mr. Salve said even telephone calls had become free.
“The Government of India should protect my rights under Article 19 [freedom of speech and expression]. Telecom Regulatory of India (TRAI) says that interception of calls without the government’s order is an illegality... Here, TRAI is doing nothing,” Mr. Salve submitted.
The court finally agreed to hear the challenge at length during the summer holidays in mid-May, along with certain other important constitutional cases.
