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17 May, 24 tweets, 13 min read
Delhi High Court will hear today plea challenging Whatsapp's new privacy policy.

#WhatsApp #DelhiHighCourt

@WhatsApp @Facebook
Whatspp has defended the policy stating that users are free to stop using WhatsApp; it has no legal obligation to provide "opt outs"

Story here.

barandbench.com/news/litigatio…
Hearing begins.

#DelhiHighCourt
#WhatsApp
Senior Adv Vivek Sood appears for the petitioner.

Senior Advs Kapil Sibal and Arvind Datar appears for WhatsApp.

Sibal: We have not said we will not implement the policy.. we said May 15 is the date..

Sibal says app is trying to get the users on board.

#DelhiHighCourt
Datar argues that the issue of maintainability is still there.

ASG Chetan Sharma says that there are concerns about WhatsApp violating the IT Act and rules.

ASG: We have written to them, the CEO to comply.. reply is awaited...

#DelhiHighCourt
#WhatsApp
ASG: ... there has been a privacy policy all this while... India has the largest population of WhatsApp users.. it is their case that they deferred it.. imminent need to maintain status quo

#DelhiHighCourt
#WhatsApp
Adv Manohar Lal: They have not allowed users who have not consented to privacy policy,,,

Datar objects, says the submission being made is incorrect.

#DelhiHighCourt
#WhatsApp
ASG Chetan Sharma: There are news reports that say there is a deferment of this... can WhatsApp confirm today that their privacy law conforms to the IT law 2000 and rules?

Sibal: We confirm

ASG: Please file that affidavit

#DelhiHighCourt
#WhatsApp
Sibal says such an affidavit has already been filed. Datar says a week can be given, another affidavit can be filed

#DelhiHighCourt
#WhatsApp
Arvind Datar: We can make a very clear statement that all our privacy policy does not violate the IT Rules, we can go rule by rule.

#DelhiHighCourt
#WhatsApp
Sibal: What is your privacy that has been violate, please tell us.

#DelhiHighCourt
#WhatsApp
Sibal: The question is, does India have a public policy for privacy? If a public policy of privacy is there in India, does it apply to WhatsApp policy?.. Please refer to para ... of Puttaswamy judgment... right to informational privacy...
@KapilSibal

#DelhiHighCourt
#WhatsApp
CJ DN Patel asks if all replies, affidavits have been filed. Says that once the Court starts hearing the matter, no further time would be given.

ASG says that UOI has already filed its reply.

Court says then it will record this and not give further time, if that is the case.
Bench loses connectivity to the virtual hearing.

#DelhiHighCourt
#WhatsApp
Counsel discuss among themselves

ASG refers to communique, reports that there is deferment of the privacy policy

Sibal: Forget reports. There is no deferment of May 15, we said we will persuade our users to get on board. (If they dont) then slowly, slowly they will get deleted
ASG: If there is no deferment, then why persuade...?

Sibal: We will still persuade... if they still don't join (will slowly delete accounts).

Adv Manohar Lal remarks that is why he is pressing for an interim stay.

#DelhiHighCourt
#WhatsApp
Sibal again reiterates that there is no deferment of new #WhatsApp privacy policy from May 15. All that we said is that their accounts would not be deleted on May 16, he adds.

#DelhiHighCourt
#WhatsApp
Bench rejoins hearing

ASG: There is a statement by #WhatsApp on official website. That Whatsapp will send reminders to users in weeks to come.. in meanwhile they will not be deleting the accounts.. that there would be no interceding privacy of chats and messages

#DelhiHighCourt
ASG: This being the basis and Mr Sibal affirms that his client will conform to Indian law, IT law and rules thereunder... Lordships may take it that affidavit filed by UOI in one of the items is the stand of the UOI (there is more than one item/petition)
Datar: I would rather have it on Monday so we can put a note that ... all the misgivings are completely without basis.

Court informed that formal notice has to be issued in one of the petitions, item 19.

CJ asks if matter can be kept next week. Counsel agree

#DelhiHighCourt
#DelhiHighCourt adjourns challenge to new privacy policy of #WhatsApp to be heard next on June 3. Notice issued in item 19.

ASG Chetan Sharma asks Court to take the statement of #WhatsApp that it is conforming to Indian law.
Other counsel seek status quo, that #WhatsApp accounts not be deleted, or that data of #WhatsApp accounts who do not give consent be preserved.

Sibal, Datar object

Sibal: Then you are getting a stay.
Hearing adjourned.

#DelhiHighCourt
#WhatsApp
WhatsApp tells Delhi High Court new privacy policy will take effect from May 15, privacy policy does not violate the IT Rules

Reports @meera_emmanuel

#WhatsApp @WhatsApp #DelhiHighCourt #WhatsAppPrivacyPolicy

barandbench.com/news/litigatio…

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