While the Aadhar case is ongoing, privacy of an individual has become an issue put under limelight after a long time. This has come after the Supreme Court decided to initially consider the ambit of the Right to Privacy of an individual in the nation.
This issue has also been highlighted in the WhatsApp Privacy case which was admitted after the Application’s 2016 privacy policy came into force.
The petition was filed by a student alleging that the user agreement that was made to be signed by the people after the acquisition of WhatsApp by the Facebook Company, was a violation of the people’s right to privacy.
Additional Solicitor General Mr. P.S. Narasimha submitted that the data of a user is connected to the personality and it is an integral part of Article 21. If any contractual obligation impinges upon that, it will have ramifications.
While Mr. Harish Salve, appearing on behalf of one of the Petitioners submitted that the privacy of one has to be protected, the Hon’ble Court, duly noting the submissions observed that a line had to be drawn where the data can be used and misused and arbitrary conditions for sharing the same cannot be imposed upon the users.
On the same note, Mr. Kapil Sibbal, appearing on behalf of WhatsApp Messenger, submitted in the Court that the petition had been filed into the court with malafide intentions, by rival companies as the Respondent provided services free of cost.
While the Nine Judge bench decided to postpone the decision after the judgment had been given in the Aadhar case, the Counsel appearing on behalf of the Union of India, stated that even though a regulatory regime is already present with respect to the issue, they will look for the lacunae, if any, in the same, on the directions of the Hon’ble Court.
The case has been scheduled to be heard on September 06, 2017.