The Supreme Court on Monday expressed concerns whether the citizens’ rights are affected by the contract entered into between WhatsApp and Facebook in 2016 to share user information, including messages, pictures, and videos.
A five-judge Constitution Bench led by Justice Dipak Misra asked what was the need to share the attributes of the identities of users.
“You say the name is not shared but the attributes of identity is shared. What is the need to share the attributes of identity? Now they [users] fear what you will share. We are concerned with whether an individual’s rights are affected under Article 19(1)(g) of the Constitution,” the Bench asked WhatsApp.
The instant messaging platform said they were being “targeted” because of their success in India.
Outdated technology
Advocate Madhvi Divan, appearing for two students Karmanya Singh Sareen and Shreya Sethi who have challenged the policy, told the court that the Centre had acknowledged in its affidavit that the regulation in place had been outdated by the technology.
“You [Centre] have said you are making a regulation on this. Till then, as a citizenry, what is the protection?” the Bench, also comprising Justices A.K. Sikri, Amitava Roy, A.M. Khanwilkar and M.M. Shantanagoudar, asked the government.
At the outset, the Bench was informed that senior advocate Harish Salve, who was to argue for the petitioners, was in The Hague to represent India in the Kulbushan Jadhav matter before the International Court of Justice (ICJ).
