A Delhi High Court judge on Friday recused herself from hearing a petition challenging the updated privacy policy of messaging app — WhatsApp.
Justice Prathiba M. Singh took objection to an email sent on behalf of WhatsApp stating that she ought not to hear the matter. “I was, in any case, not going to hear it,” Justice Singh remarked. Senior advocates Kapil Sibal and Mukul Rohatgi, appearing for WhatsApp, said the email was being withdrawn unconditionally.
The case wil now come up before another Bench on January 18.
The petition filed by advocate Chaitanya Rohilla has claimed that WhastApp new privacy policy violates the right to privacy guaranteed under the Constitution. It said the new policy “virtually gives a 360-degree profile into a person’s online activity” without there being any supervision of the government.
It said that WhatsApp changed its privacy policy in arbitrary manner and has even made it compulsory for its users to accept its terms and conditions, failing which the accounts and services would be terminated after February 08, 2021 for the respective user.
“WhatsApp has made a mockery out of our fundamental right to privacy while discharging a public function in India, besides jeopardizing the National Security of the country by sharing, transmitting and storing the users data in some another country and that data, in turn, will be governed by the laws of that foreign country”, the petition said.
The plea sought direction to issue guidelines to ensure such change in privacy policy by Whatsapp are carried out strictly in accordance with the right guaranteed in the Constitution.
