Whatsapp: Central government wedded to individual’s freedom of choice, ASG Tushar Mehta to SC

The Case concerning user policy of Whatsapp threw up an interesting hearing today as the Central government informed the Court about its stance on the case, especially regarding whether right to privacy should be a subject matter of debate in the case..Centre, through Additional Solicitor General, Tushar Mehta today told the Court that it is wedded to “individual’s freedom of choice” but also said that it would not like to debate on this issue of right to privacy in this case since the same is already under consideration by another Bench of the Court in the Aadhaar matter..The Constitution Bench comprising Justices Dipak Misra, AK Sikri, Amitava Roy, AM Khanwilkar and M Shantanagoudar adjourned the case for May 15 after recording Mehta’s submission..Besides Centre, the other parties to the case also made their submissions. Below are some of the submissions:.Harish Salve for petitioner Karmanya Singh Sareen.Salve set out the changes in the User policy of Whatsapp. He said that Whatsapp User Policy now allows it to retain any videos, picture etc. which are widely circulated..“This means they are snooping and picking up data. And they share user info with Facebook.”.Salve also clarified that he was not submitting that the information will be put out on Facebook but that it will be accessed by Facebook..“I am not saying that Facebook will put out the messages, but my argument is that they will see the messages.”.He then proceeded to state the questions of law formulated by him in the matter:.“Whether Articles 21 read with Articles 14 and 19 confer upon persons right to privacy in respect of personal communication irrespective of the mode of communication?.Whether such right extends not only against the State but also private organisations?”.Salve also clarified at the end of the hearing that privacy in this context means confidentiality as regards an agreement with a private party and it should not be confused with the Right to privacy being discussed in Aadhaar case..KV Viswanathan for Internet Freedom Foundation.Internet Freedom Foundation had sought an impleadment in the case. Viswanathan raised the issue of meta data being used by Whatsapp thus enabling other parties to get information about the individual user..“So somebody’s sexual preferences, whether somebody has some health issues etc. can be gathered and then shared with Facebook etc”.The Court allowed the impleadment application..KK Venugopal for Facebook.Venugopal told the court that one of his main submissions is regarding the maintainability of the petition..“We have raised the issue regarding the maintainability of the petition”..Kapil Sibal for Whatsapp.Sibal was not very vocal during the hearing. However, when the Court proceeded to discuss the date for final hearing, Sibal vehemently pressed for a date which would not clash with the Triple Talaq case, which is also slated for hearing in the summer vacation..“This is not a case wherein I can be here for some time and then go there for some time. I have to be present throughout the hearing, especially to raise objection on facts”, said Sibal..The Court has now proceeded to post the matter for May 15.