The Delhi High Court was informed today that WhatsApp would not defer its new privacy policy, which will take effect from May 15..A submission to this effect was made by Senior Advocate Kapil Sibal, who said that WhatsApp was trying to get users on board with the new policy..The Bench of Chief Justice DN Patel and Justice Jyoti Singh was informed of the same during the hearing of the challenge to WhatsApp's new privacy policy..Appearing for the Central government, Additional Solicitor General Chetan Sharma informed the Court that there are concerns that the policy was in violation of the Information Technology Act, 2000 and Rules thereunder. He revealed that the Centre has written to the CEO of the company and was awaiting a reply..Senior Advocate Arvind Datar, appearing for WhatsApp along with Sibal, objected to an argument made by Advocate Manohar Lal that those users who had not consented to the privacy policy were not being allowed to use the app. He further argued,"We can make a very clear statement that our privacy policy does not violate the IT Rules, we can go rule by rule."Sibal further asked,"The question is, does India have a public policy for privacy? If a public policy of privacy is there in India, does it apply to WhatsApp policy?".When ASG Sharma referred to reports stating that the policy was being deferred, Sibal clarified that it was not going to be deferred..Counsel for the petitioners sought status quo, that WhatsApp accounts not be deleted, or that data of WhatsApp accounts who do not give consent to the new policy be preserved. However, Sibal and Datar objected to this.The Court did not grant such an interim relief, and eventually adjourned the hearing to June 3..In its affidavit filed before the Delhi High Court last week, WhatsApp averred that users are free to stop using the app and delete their accounts at any time. It further argued that any interference with its update would "cripple" the entire industry of internet-based applications and websites..[Privacy Policy] Users free to stop using WhatsApp; no legal obligation to provide "opt outs": WhatsApp tells Delhi High Court.The High Court in February issued notice in a public interest litigation (PIL) against the new WhatsApp privacy policy. Among other reliefs, the petitioners sought a direction to the Central government to frame rules/guidelines/regulations to protect the privacy and data of citizens from all the apps and organisations operating in India.
