An instant messaging platform WhatsApp on Friday informed the Delhi High Court that it has voluntarily put on hold the updates to its new privacy policy till the Data Protection Bill comes into force. The Centre had earlier told WhatsApp to withdraw its policy.
Appearing for WhatsApp, senior advocate Harish Salve said: “We voluntarily agreed to put the policy on hold. We will not compel people to accept it. It would, however, continue to display the update to its users,” he said.
The court was hearing an appeal against the Competition Commission of India’s ongoing probe into WhatsApp’s privacy policy.
Salve, while explaining the company’s position, submitted before the court that “the update which triggered the enquiry of CCI is for the present… we have voluntarily agreed to put it on hold.” The senior advocate further said that if Parliament does not permit such a policy in future, WhatsApp would either close shop in India or would not implement it.
“The commitment is that I will not do anything till the parliamentary law comes. Obviously then if parliamentary law comes, you have to fit within that law. If Parliament allows me to have a separate policy for India, I will have it. If it does not allow me, then bad luck. I will then have to take a call,” Salve said.
Senior Advocate Mukul Rohatgi, appearing for Facebook, submitted that the CCI was jumping the gun by initiating a probe into the privacy policy when a challenge to the same was pending before two higher courts.
Additional Solicitor General Aman Lekhi, appearing for CCI, said that as long as the privacy policy existed, its implications would continue to persist.
The court has adjourned the matter for 30 July for further hearing.
The Delhi High Court was hearing a plea by Facebook and WhatsApp challenging a single-judge bench order dismissing their pleas against the CCI decision.
The single bench of Delhi High Court on 22 April had dismissed Facebook and WhatsApp pleas challenging a CCI order for an investigation into the messaging app›s new privacy policy.
In January this year, WhatsApp updated its privacy policy, which allows the instant messaging service to share data about users› interactions with business accounts with its parent company Facebook.