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“If you happen to learn WhatsApp coverage you can be shocked to see, what have you ever consented for”: Delhi HC

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Earlier a Petitioner challenged the change in the privacy policy of WhatsApp. However, the Court denied issuing any notice.

The court opined that, until Court understands the issue at hand, it will not issue any notice.

Court stated that

“I doubt that you have read any of the policies of any of the apps, you’ll be shocked as to what all you consent to, and it is all voluntary, if you don’t want, don’t use the app.

Court asked the Petitioner to clarify the specific ‘data’, the Petitioner is having an issue with.

Petitioner responded that, browsing history is being analyzed by the app and then shared across for commercial usage.

Court responded that

“All apps do that”.

Petitioner averred that, WhatsApp is exempting Europe and US from the said policy; but no such exemption is there for India.

Court reiterated:

You have an option, don’t use the app

Advocate Rohatgi on the Petition, advised Petitioner to go to the Parliament instead of High Court (Ref: on making laws)

Advocate on behalf of WhatsApp and Facebook: Sr Adv Kapil Sibal and Mukul Rohatgi

Advocate (Petitioner): Adv Chaitanya Rohilla

Background

WhatsApp updated it privacy policy on 4th January 2021. Users were forced to accept the newly formed Terms and Condition. If user denies the changes, it would simply terminate the user from availing the services. Later on, WhatsApp clarified that, if user denies the changes, it will not suspend any WhatsApp account.

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