Thread by @barandbench

#SupremeCourt to hear an application seeking directions to @WhatsApp that it shall not apply lower #privacy standards for Indian Users, and shall apply the same privacy policy and terms of use for Indian users as is being applied for users in the European Region

The application filed in a pending case before the top court prays for a stay on the latest #privacypolicy of @WhatsApp

As per the new privacy policy, @WhatsApp shares user information globally. Such sharing happens internally within the @Facebook Companies and externally with partners & service providers, & with those with users communicate around the world

Senior Advocate Kapil Sibal: You have on February 5 directed High Court to hear this

CJI: you are right Mr Sibal

Senior Adv Shyam Divan: this issue is pending before a constitution bench here

Divan: This is the September 6, 2020 order, where the Solicitor General had filed the office memorandum. It was stated that after Srikrishna comittee wraps up a possible law would be passed on data protection. The Puttuswamy judgment too held so regarding a law

Divan: After this order, please see my prayers in this application. What you have here is old regime of privacy policies of Facebook and whatsapp. This is why SG made a statement that a data protection law will be brought in.

Divan: Now in January this year @WhatsApp submitted the new privacy policy which undermines privacy of Indian users compared to the European counterparts. This policy was supposed to be brought in by February 8, 2021. Indians were asked to migrate to new privacy policy

Divan: This deadline has been extended to May 14. What I am seeking now is a notice on this application and a date before May 14. Huge differentiation between Europeans and Indians.

Senior Adv Divan: We pray that privacy standards are not lowered for Indian users by @WhatsApp ... They be barred from Sharing data with @Facebook

Senior Adv Divan: @GoI_MeitY be directed to not implement @WhatsApp new #privacypolicy

CJI SA Bobde: we will issue notice on this

Senior Adv KV Vishwanathan: I appeared for IFF in the pending matter before constitution bench. HC objection was not maintainable. Please consider the matter. It's fair

#SupremeCourt

CJI: why are you making an argument when we are issuing notice. Your IA is lot listed yet

Vishwanathan: third item in office report

CJI: not in the daily list

@KapilSibal : Earlier plea was filed to challenge the 2016 privacy policy. They are challenging a new policy without a new petition but an application. High Court too us hearing the same thing.

CJI: we are impressed by Mr Divans 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

Sibal: No no no

CJI: then put that on oath

Sibal: This 2021 policy is applicable everywhere apart from Europe as it has a law. If India has a law we will follow the same. Proceedings before HC will stop then

CJI: that is okay. Swear it on oath.

Solicitor General: right to privacy is a fundamental right. It has to be respected

CJI: thats okay. The discrimination between Europeans and Indians may not arise before us but this cannot happen

Senior Adv Arvind Datar: Centre has told Delhi HC that it will look into this. Europe has the GDPR law. Thus the new policy is not applicable here. We are complying with central laws

CJI: you may be two or three trillion companies but people value their privacy more than money

CJI: people have grave apprehension about the sharing of data

Datar: Everybody is filing a petition on this. Delhi HC is hearing it.

CJI: we will see if to get the Delhi HC case here or send these there. But we will issue notice and file replies

Senior Adv Rohatgi: The plea here is infructuous

CJI: we may have to see if the matter is pending before us in a constitution bench then why should Delhi HC hear it

#supremecourt

Rohatgi: We can swear on affidavit that we neither store or share personal data. All this is a red herring. Whatsapp can't read itself

CJI: people think if A messages B Then the fact that a messages b and b messages a then data is shared with Facebook. People have these apprehensions. Put everything on affidavit

SG: These are national apprehensions

CJI: we are telling you what we hear and read. There is a concern that circuit of messages is revealed by Whatsapp

Divan: there is a great amount of metadata which is shared and is a privacy concern

Notice issued. Matter tobe heard after 4 weeks.