You may be a 3 trillion company...... SC notice to WhatsApp on privacy policy

New Delhi, Feb 15: The Supreme Court on Monday asked WhatsApp for an undertaking on oath that private data of users is not being shared with any third person.

"You may be a $2-3 trillion company but people's privacy is more valuable for them and it is our duty to protect their privacy," the top court told Facebook and WhatsApp.

The top court said that people have grave apprehensions that they will lose their privacy, and it is our duty to protect them.

The apex court issued notice to the government and the Facebook-owned app on an interim application filed by Karmanya Singh Sareen in a pending petition of 2017.

Senior advocate Shyam Divan, appearing for the petitioner, argued that the messaging app was applying lower standards of privacy for Indians and they be barred from sharing data with Facebook.

The bench observed, "We are impressed by Mr. Divan''s argument that it was proposed before us that a data protection law would be brought into force.

"Now under this policy you will share data of Indians."

Senior advocate Kapil Sibal, appearing for WhatsApp, contended that Europe has a special law (General Data Protection Regulation) and it will follow law if the Parliament makes it a similar law.

The bench, also comprising Justices A S Bopanna and V Ramasubramanian, said that citizens have great apprehension about loss of their privacy and they think that their data and chats being shared with others and it has to be looked into.

The Centre told the apex court that the social media apps cannot share data of users and data must be protected.

The petitioner challenged privacy policy alleging that there is huge metadata of users which is being shared for profit.

The top court had in 2017 referred social media platform WhatsApp''s privacy policy matter to a Constitution bench saying it concerns the larger issue of privacy and right to personal liberty.

The appeal filed in the apex court by Karmanya Singh Sareen and Shreya Sethi assailed the Delhi high court verdict on the ground that no relief was granted for data shared by users post-September 25, 2016, and it amounted to an infringement of fundamental rights under Article 19 (Freedom of Speech and Expression) and 21 (Right to Life) of the Constitution.