WhatsApp vs Delhi High Court: Debunking User Data Sharing Allegations with Facebook

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In a recent hearing at the Delhi High Court, instant messaging platform WhatsApp denied allegations of sharing user data with parent company Facebook and emphasized that they comply with government regulations and provide end-to-end encryption.

The controversy arose when WhatsApp updated its privacy policy on August 25, giving users the option to share their account information with Facebook. Users were given a 30-day window to opt out of the new policy, which ended on September 25. A plea was filed in the Delhi High Court, claiming that the privacy of WhatsApp users was at risk due to the new privacy policy announced by Facebook.

WhatsApp, represented by senior advocate Siddharth Luthra, stated that they follow stringent government regulations and do not share users’ private messages, contents, photos, or data with Facebook. He clarified that the application only shares a user’s name and phone number with Facebook, and WhatsApp does not have access to any data due to end-to-end encryption.

Luthra further stated, “We are abiding by the central government’s regulations for messenger apps. We are not dealing with sensitive information at all. If any of the users want to opt out of the new policy, he/she cannot be forced to not choose that option.”

The court issued a notice to WhatsApp, asking them to file a short affidavit before September 20, addressing the concerns raised in the writ petition.

On the other hand, senior advocate Pratibha M Singh, representing the petitioners Karmanya Singh Sareen and Shreya Sethi, argued that WhatsApp shares the entire data with Facebook even if users opt out of the new policy. The petitioners, active users of the popular instant messaging service, allege that the new private policy “compromises the rights of its users” and is a “very serious breach of policy.”

The case is still pending in the Delhi High Court, with both parties presenting their arguments. WhatsApp maintains its stance that it does not share user data with Facebook, while the petitioners continue to argue that the new privacy policy indeed shares user data with the parent company.

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