Thread by @lawbarandbench

#SupremeCourt Constitution Bench led by Justice KM Joseph to hear pleas regarding question of if WhatsApp's 2021 privacy policy violates users' right to privacy.

#WhatsApp @WhatsApp #privacy #policy #SupremeCourtOfIndia

SG: Data protection bill will be introduced, subject to administrative issues, in the second half of this session which started today. We have filed on affidavit

Sr Adv Kapil Sibal: Lordships may wait for the bill to be passed in light of this ...

Sr Adv Shyam Divan: I oppose

Divan: This was raised earlier as well. Previous bill was withdrawn.

SG: The bill supports Mr Divan's contentions.

Divan: Let the matter be heard when it is called out.

Bench discusses.

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Justice Roy: Mr Divan you are right that the bill may not cover all grounds. But since it is a legislative exercise being done with some wisdom, perhaps we can wait.

Divan: The writ is from 2016. The validity of that needs to be considered. The bill that is out for comment...

Divan: that has no impact on this case. There are generalities and provisions in it that do not deal with us at all, but i cannot say what all they will synthesise in the bill. We are anxious to go forth with this case.

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Divan: They had said we can proceed in January if bill not passed yet.

Justice Rastogi: But let us get its benefit.

Adv: In a congress hearing, Mr Zuckerberg admitted to data leaks. Cambridge Analytica happened.

Justice Roy: In a housekeeping hearing it is getting so heated (smiles).

Divan points out that the earlier hearing (adultery) still going on.

SG: New bill and rules is intermediary centric.

SG: Question is a few weeks, but i submit to your lordships.

SC: We will not do anything on mentioning. address us after part heard.

Counsel: Alright.

Sibal: Actually this litigation is directed towards WhatsApp. But bill deals with all intermediaries. I have a copy of the bill and have formulated some issues.

SC: We have to consider if Bill's ambit covers ...

SG: I am supporting Mr Divan.

SG: We intend to introduce it in second half.

Justice Bose: A recent judgment has said that some non State actors can be Petitioned against for fundamental rights ...

Sibal: It will be an academic exercise.

SC: What is the clash?

Divan: What was distributed for comment will be different from what is introduced.

Divan: The (WhatsApp privacy) policy underwent a significant change since. They have said meta data will be shared with Facebook. That was the subject matter of challenge, HC had said that since privacy matter was pending ... They cast doubt wrt maintainability of petition qua...

Divan: private parties.

SC: What is the relief that we can give?

Divan: You cannot share my data with Facebook group of companies. We want an opt out option, seek a declaration to that effect. There should be a meaningful option.

Divan: That option not available to Indian users. There is a public interest element to this.

SC: If that is the subject matter of the legislation? If the law gives the same relief ...

Divan: We do now know what the law will have.

Sibal: It is a complete overlap.

Sr Adv Mukul Rohatgi: This is not a Vishakha situation. There are provisos in the Act.

Sibal: Atleast have the bill with you.

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Counsel for PIL petitioner representing a group of startups: I have filed issues. They are generally that no test has been laid out.

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Divan: May i suggest we assemble tomorrow?

Justice Rastogi: If the matter has been pending for some time and now bill is to be placed, what will happen if (we do not hear now)

Divan: Issue is ripe for hearing. Just on the apprehension that a bill will be introduced. It will..

Divan: not be looked at over here.

SC: Tomorrow we will consider if we need to hear it, it won't be a marathon hearing.

SG: One minute my lords.

SC: You know what prompts a judge to rise at 4 no?

Justice Roy: I have another meeting.

SG: Mr Divan has given an impression that he is fighting with everyone. But debate on bill should not be permitted here.

Divan: Not doing that.