New Delhi | Jagran News Desk: The central government on Friday urged the Delhi High Court to restrain popular messaging app WhatsApp from implementing its new privacy policy, saying it violates the Information Technology Rules of 2011. The court will hear the matter on April 20.

The central government also submitted an affidavit to the Delhi High Court filed in response to a petition filed by by Dr Seema Singh, Meghan and Vikram Singh challenging the new privacy policy of WhatsApp.

"Notably, the Rules require a body corporate who collects, stores or otherwise deals with data to issue a privacy policy providing for certain safeguards, in addition to imposing various other obligations. The impugned Privacy policy violates the 2011 Rules..," it said.

The Centre said that the Supreme Court has placed a responsibility on the Centre to introduce a regime on data protection and privacy.

"The Union has discharged this obligation by introducing the Personal Data Protection Bill, 2019 in the Lok Sabha. Upon enactment, this law will provide a robust regime on data protection which will limit the ability of entities such as Respondent No. 2 issuing privacy policies which do not align with appropriate standards of security and data protection," the affidavit, filed through advocate Kirtiman Singh, said.

It also said that pending the passage of this Bill, the Information Technology Act, 2000 and the Rules made thereunder form the extant regime on data protection, any privacy policy issued by a ‘body corporate' such as WhatsApp must comply with the requirements specified in the Act and the accompanying Rules.

The high court had on February 3 issued notice to the Centre and WhatsApp and sought their replies on the petition challenging the social networking platform's new privacy policy.

Another petition, filed in January, challenging the new privacy policy of WhatsApp on the ground that it violates users right to privacy under the Constitution is pending before another bench of the high court.

The petitioners have sought directions to the ministry and WhatsApp to ensure that people using the messaging app are given the option to opt out of sharing their personal data with its parent firm Facebook and its other companies.

They have also sought a direction to the ministry to frame guidelines, regulation or rules for safeguarding the privacy of the citizens from all the apps and organisations operating in India which collect user data.
The petitioners, one of them a lawyer, have said in their plea that WhatsApp has been changing its privacy policy from time to time and users were always given the option to opt out of the same and access to the app was never denied.

However, on January 4 it came out with a new privacy policy which has been made mandatory for Indian users who would be denied access to the app if they do not accept the new terms and conditions, they have said.

European users, on the other hand, have the option to opt out of the policy and they would not be denied access to the app if they do so, the petition has said.

It has sought a direction to WhatsApp to roll back its new policy or in the alternative provide an option to the users, including those who have already agreed to it, to opt out of the same.

The petitioners have also sought a direction to the government to formulate social media intermediary guidelines.

(With PTI inputs)

Posted By: Aalok Sensharma