Delhi HC decision on data sharing
Can you explain the decision of the Delhi HC of deleting the user data collected by Whatsapp to September 25 this year? What was Whatsapp's policy and why was it challenged?
The name of the case that you have asked about is- KARMANYA SINGH SAREEN AND ANR VERSUS UNION OF INDIA.
Now facebook acquired Whatsapp and the latter was controlled by the former. As a result of this acquisition, Whatsapp notified its users that their details will be shared with Facebook so that facebook could advertise better. In order to continue using Whatsapp, users would have to agree to this policy by 25th September 2016, whereby their details would be shared with facebook.
Now, two college law students challenged this policy and said that this new change is violating the fundamental rights under Article 21, which guarantees Right to life to all persons. Also the users had registered on Whatsapp because it gave them privacy, now sharing it with Facebook is not a fair practice.
Telecom Regulatory Authority of India(TRAI) was also made a party to the case as a respondent(against whom a case is filed). However they contended that Internet messaging applications are not within the purview of TRAI.
Therefore Respondents filed an affidavit clearing their position-
Some of the points stated by them are-
The Court delivered the following directions to Whatsapp:
For any more information, you can refer to the judgment:
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