BENGALURU: Senior lawyer Mukul Rohatgi, who appeared on behalf of WhatsApp in the Delhi High Court, said that the messaging service firm will respond to the queries raised by the government over its updated privacy policy.
"The government wrote to us wanting certain clarifications. We will respond. The Data Protection Bill is being actively considered by the government. The matter is pending in Supreme Court," Rohatgi informed the court.
On January 16, the ministry of electronics and information technology in an emailed query to WhatsApp objected to its updated privacy policy and sought clarity from the firm regarding its data-sharing practices, user confidentiality/consent, access it gained to user's mobile phone apps and details of the entities with whom the information is being shared.
It stated that the "unilateral changes to the Terms of Service are not fair and acceptable" and that the firm must also respect the privacy of India’s citizens.
The Delhi High Court while hearing the petition had earlier reiterated that it was not mandatory to download the application if anyone felt the data being shared on the platform was being compromised. "Every other application has similar terms and conditions," the Court had noted.
The lawyer for the government in his arguments claimed Whatsapp treated users in European region that has a data protection bill in place differently.
"WhatsApp prima facie seems to be treating the (Indian) users with an all-or-nothing approach. This leverages social significance of WhatsApp to force users into a bargain which may infringe (on privacy and data security)," Chetan Sharma, Additional Solicitor General, said.
He added that the government is concerned about the data privacy of users especially since WhatsApp has a big user base in the country and that a Data protection bill is being considered by the Centre.
The Court observed that the matter has been taken up by the government and adjourned the matter till March 1.