A "regulatory regime" for data protection is in the offing, the government on Wednesday told the Supreme Court, asserting that an individual's freedom of choice needs to be protected while discussing the WhatsApp’s privacy issue.
"We are coming out with a regulatory regime on data protection. Freedom of choice needs to be protected and there cannot be any doubt over it," Additional Solicitor General (ASG) Tushar Mehta told a five-judge constitution bench headed by Justice Dipak Misra.
Facebook, which owns the popular messaging platform, told the SC that those feeling aggrieved could quit WhatsApp, The Times of India reported.
The bench, which is hearing the WhatsApp privacy policy matter, was informed that the government was also committed to protect the freedom of choice of citizens.
The bench, also comprising Justices AK Sikri, Amitava Roy, AM Khanwilkar and MM Shantanagoudar, had asked the government to clarify its stand on the issue.
The apex court also noted Mehta's submission that "the Government of India is placed or stands dedicated to see that individual's freedom of choice is not scuttled".
Senior advocate Kapil Sibal, appearing for WhatsApp, countered the submissions saying they were protecting privacy of users as they have an end-to-end encryption technology, which cannot be looked into by a third person.
However, Salve questioned the end-to-end encryption method and said “I am objecting to someone looking into my messages”. The counsel representing the foundation said “the State has the duty to regulate this. All the other countries have data protection Act”.
The bench, however, observed that if somebody would say that his or her freedom has been curtailed, it would be the duty of the court to protect it.
During the hearing, Salve read out the questions of law submitted by him, which included "whether Article 21 read with Articles 14, 19 and 25 of the Constitution, confers upon all persons the right to privacy in respect of communications, which are private in nature, irrespective of the medium of communication".
The apex court is hearing the appeal assailing the high court verdict on the ground that no relief was granted for data shared by users after 25 September 2016, which amounted to infringement of fundamental rights under Article 19 and 21.
The apex court had on 16 January sought the responses from the Centre and Telecom Regulatory Authority of India on the plea that privacy of over 157 million Indians has been infringed by social networking sites – WhatsApp and Facebook – for alleged commercial use of personal communication.
(With inputs from PTI.)
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)