#SupremeCourt Constitution Bench headed by Justice KM Joseph to hear matter of WhatsApp's 2021 privacy policy, as to if it violates users' right to privacy under Article 21.
Sr Adv Shyam Divan: I'm appearing for the appellants. I understand this is for directions.
Justice Joseph: Pleadings are complete?
SG: Yes. Since list was updated at midnight, i could not get instructions. From media reports, i read that the (Data Protection) Bill has been ..
SG: Withdrawn.
Justice Joseph: Why has this been referred?
Divan: There were no questions formulated of reference. There is a messaging company called WhatsApp. There have been orders against it by HCs, questions only raised on maintenability.
Divan: Big devt now is there's a cleavage between WhatsApp's user policy for Europe and India. They have higher protections. Until Bill finally takes shape ... There was a parliamentary committee report ... Live issue is Indian users ought not to be disadvantaged..
Divan: vis a vis other nationalities since privacy is a Constitutional and human right. They have to adopt a golden standard which we'll place before you and assist.
SG: It is our stand that Indians cannot be discriminated against the same users of the WhatsApp. Bill drafting is ongoing which is a legislative process, if lordships can wait till then.
Justice Joseph: if we keep waiting then
Justice Joseph: if you were keen you would have brought a legislation.
SG: Another bill under preparation, earlier one was withdrawn.
Sibal: Litigation not WhatsApp centric like my friend has made it. Privacy applies to all.
Sibal: HC decided that writ does not lie. European law is unique law applicable to Europe, WhatsApp follows law of all jurisdictions which is the present law. My friend says because it is discriminatory to time, we can't follow present standards.
Justice Roy: are we correct in understanding that Indian WhatsApp users are the highest in the world?
Sibal: yes.
Justice Roy: So our concerns qua the others have to be...
Sibal: Rules have to be followed. Dont look at it from one aspect Kindly. This has global repercussions
Sibal: there are commerical, privacy, free speech, investment and other implications.
Justice Roy: we're not getting into that.
Justice CT Ravikumar asks about compliance of HC orders.
Justice Joseph: There are two ways to go about this in terms of what the SG said, we can keep it in January to give them time. If legislators are bringing a substantial law then .. if we give a reasonable time in Jan.
Justice Joseph: Otherwise we can proceed to hear it in second week of November.
Divan: My lords i don't have problems with either, but it should next be listed for final hearing and not deferred further. There should be a direction as to which policy to follow.
Order: Ld SG mentioned that the matter was listed suddenly yesterday night, and informed that the draft Bill was withdrawn.
SG: It was not introduced.
Bhandari: It was introduced and tabled.
SG: they'll be more aware.
Order: draft bill was tabled and subsequently withdrawn
Order: Ld SG points out that Parliament is mulling a new law. It's is contented that users of WhatsApp should not suffer discrimination in comparison to users anywhere else in the world.
Sibal: Please don't say WhatsApp.
Divan: No please record it.
Order: Sr Adv Shyam Divan said it is alright if some time is given to the GoI, but on next listing the matter should be taken for final hearing.
Order: We are inclined to adjourn this matter to January 17 for final hearing. By Dec 15, all pleadings to be completed.
Bhandari: My lords may issue notice challenging their privacy policy.
Sibal: Don't make it WhatsApp centric.
Datar: It's only against WhatsApp.
Justice Joseph: It is going to be a legal issue, won't get into facts.
Order: Common compilation of documents to be prepared by January 10.
Sibal: Add Shashank Mishra's name also.
Justice Roy: Looking at the face of all the lawyers, I'm wondering whose is the face of WhatsApp.
Adv: like the many heads of WhatsApp.
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