WhatsApp privacy policy: Centre tells Supreme Court new data protection law will be tabled in parliament monsoon session

The Supreme Court on Wednesday said that it will hear the challenge to WhatsApp's privacy policy after the monsoon session of Parliament, scheduled in begin in July [Karmanya Singh Sareen v. Union of India]..A Constitution Bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar deferred the hearing based on a submission by the Central government that the Data Protection Bill, 2022 will be placed before the parliament in the monsoon session. "The Bill is ready, it just has to be introduced in parliament.. in the monsoon session, it will be introduced.. end June, July," Attorney General for India R Venkataramani told the Court. .Despite protests from the petitioners, the Bench agreed to shelve the hearing till the new Bill was considered by the legislature. "We take note of the submission of the AG that a Bill which would address all concerns will be tabled in the monsoon session in July 23. Considering the circumstances, the matter to be placed before CJI for a bench to be constituted preferably in first week of August," the Court ordered..Senior Advocate Shyam Divan, representing the petitioners, brought to the Court's attention previous deferments based on similar submissions. "I would request that it be listed earlier, because it was listed in September...then they had till January...because it was supposed to be introduced in the winter session."Nonetheless, the AG underscored that consultation was a long process. With this, the hearing was postponed. .The question of law before the Bench is this case is whether WhatsApp's privacy policy (introduced in January 2021) violates right to privacy under Article 21 of the Constitution of India.In February, after hearing the parties at length, the Court agreed to defer hearing the challenge in light of the submission that the Bill was likely to be placed before Parliament during the Budget Session 2023."It is their (respondents) contention that the Bill will deal with the aspects that are subject matter of petitions before this court as it is prayed that the case may not be taken up," the Bench had recorded while adjourning the case to April 10..However, to protect the interests of WhatsApp users in the interim, the Bench asked the messaging app to publicise the stand it took in a May 2021 letter to the Central government that no users will be removed from the platform for not accepting the privacy policy."We further direct WhatsApp to cause publicity to this aspect for the benefit of customers of WhatsApp by giving an advertisement in five newspapers on two occasions. Ads shall be full page. The ad will necessarily incorporate the stand taken in the letter.".[Read our live-coverage of the hearing below].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.