WhatsApp has been asked by the Delhi High Court on Friday to fix its mess with regards to user data, and not share it with Facebook.
But the condition in the order states that beyond 25 September, WhatsApp is free to apply its new privacy rules, which were informed to users across the globe this month. So, if you’re confused as to what the order really means, we’ve got you covered. Well, almost.
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Getting Some Clarity
The Delhi High Court (HC) feels that WhatsApp, even after taking prior permission from the user, has been transferring their data to the United States. This is clearly against Right to Privacy, forcing them to act on the matter in hand.
The order has directed WhatsApp to delete data of up to 25 September of all users who have been using its app, from the day when WhatsApp was available to consumers in the country.
The contention of the Petitioners is that the proposed change in the Privacy Policy of “WhatsApp” amounts to infringement of the Right to Privacy guaranteed under Article 21 of the Constitution of India.High Court Order
However, the order is quick to point out the lack of clarity with regards to Right of Privacy being a fundamental right in India. This is yet to decided by the Supreme Court, who last heard a case on this matter in October last year.
Even this cannot be a valid ground to grant the reliefs as prayed for since the legal position regarding the existence of the fundamental right to privacy is yet to be authoritatively decided.High Court Order
What the Order Means?
If users delete or opt out of using the app before 25 September (when the new privacy rules apply), WhatsApp must not only delete all his/her data, but also shouldn’t be sharing the same with Facebook.
If the users opt for completely deleting “WhatsApp” account before 25.09.2016, the information/data/details of such users should be deleted completely from “WhatsApp” servers and the same shall not be shared with the “Facebook” or any one of its group companies.High Court Order
But that’s not all. In addition to asking WhatsApp to delete data of user who opt out of using the app (in other words, delete it from their phone), the HC has also said that users who continue to use the app, even their data cannot be shared with Facebook, its parent company.
And finally, the HC wants the government to bring apps like WhatsApp under the statutory regulatory framework.
What Next?
For a country like India, which is still finding its direction with respect to Right of Privacy (last draft was floated 5 years back with the Supreme Court), the High Court order is a big dent to Facebook and WhatsApp.
Now it remains to be seen how others across the globe view this order, and will they take similar action against both WhatsApp and Facebook, complying with their respective set of Rights and Laws.
Also, it is likely that WhatsApp will contest the order, and ask for a stay from the Supreme Court. Either way, for once, it’s good to see privacy being given precedence over everything else by the judiciary of India.
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