It is up to the user whether they choose to use the application or could leave it if they did not agree with its terms and conditions.
The court also said to the lawyer “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. I am yet to understand your concern. Until I understand it, I will not issue notice on your plea.”
The court further said it could not understand what data would be leaked according to the petitioner.
Adv. Manohar Lal, appearing for Rohilla, replied, “Whatsapp shares information globally. Everything they gather from us is shared.” The court then said “Mr. Lal, there are two issues. One is that your personal messages are looked into and shared. Two is that your browsing history is shared.” Then he asked what his issue was.
To which the petitioner answered “They analyze browsing history and form an opinion about the user and share that”, the Court said, “All apps do that.” To which, Rohilla’s counsel said that while in Europe and the US, WhatsApp is giving an option to accept or reject the updated policy but not any of such option in India.
The court said to this, “You have an option, don’t use the app,” and asked what the stand of the Information & Broadcasting Ministry was on the matter, to which ASG Chetan Sharma appearing for the I & B Ministry said that the issue needs to be analysed.
WhatsApp and Facebook, represented by senior advocates Kapil Sibal and Mukul Rohatgi, told the court that the plea was not maintainable and many of the issues raised in it were without any foundation.
They further told the court that private chat messages between family and friends would remain encrypted and cannot be stored by WhatsApp and this position would not change under the new policy. The change in policy would only affect the business chats on WhatsApp, they said.
Head over to our previous article to know more about this new WhatsApp’s policy.
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