Expressing concern over sharing of user data Justice AK Roy, who is one of the judges on the Bench said,” What’s bothering us is that the earlier policy was a transaction between WhatsApp and the user and now you create a mega data base to exploit it commercially.” As the bench was informed, the Senior Advocate, Harish Salve who was at the International Court of Justice in the Hague, representing India in the Kulbhushan Jadhav case, the SC asked Advocate K.V Vishwanathan to initiate the one day long proceedings.
Luthra said that in today’s rapidly developing technological world it was important to communicate with other platforms for enhanced services and it’s our promise is to provide enhanced services by sharing limited information without impinging an individual’s rights.
The government added that the TRAI the Telecom Regulatory Authority of India was framing a policy on data protection and also was mulling over a data protection framework. Advocate Madhvi Divan, a petitioners told the bench that the regulation in place was outdated by the technology. Pointing out social media giant, Facebook, advocate KK Venugopal, told the bench that ” if a message conveyed by A to B on WhatsApp is never seen by anybody and in no time, it will be available to perusal as all whatsapp messages are end to end encrypted by company.”
The court said,Initially WhatsApp was thought to provide communication platform to user which was safe and trustworthy but as per the new policy change it has taken away the user trust. “You may not be sharing the name but attributes of the identity are shared,” it said. The Centre supported the petitioners, saying there was a need of regulatory regime for the user data protection.