“If You Learn WhatsApp Coverage You Will Be Shocked To See What You Agree To”: Delhi HC

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A petitioner had previously challenged the change in WhatsApp’s privacy policy. However, the Court refused any communication.

The court was of the opinion that it would not give notice until the court understood the matter at hand.

The court found that

“I doubt you read any of the guidelines on any of the apps. You will be shocked at what you do and everything is voluntary. If you don’t want to, don’t use the app.

The court asked the petitioner to clarify the specific ‘data’ with which the petitioner has a problem.

The petitioner replied that the app will analyze the browsing history and then release it for commercial use.

The court responded

“All apps do that”.

The petitioner stated that WhatsApp exempt Europe and the US from this policy. However, there is no such exception for India.

Court repeated:

You have an option, don’t use the app

Attorney Rohatgi in the petition advised the petitioner to go to Parliament instead of the High Court (see: Legislation)

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

Lawyer (petitioner): Adv Chaitanya Rohilla

background

WhatsApp updated its privacy policy on January 4th, 2021. Users had to accept the reformulated terms and conditions. If the user declines the changes, the user is simply prevented from using the services. WhatsApp later clarified that a WhatsApp account would not be locked if the user declined the changes.

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