Whatsapp ensured Apex Court that messages and voice calls over the platform were end-to-end encrypted which ensured complete privacy.
WhatsApp Counsel Kapil Sibal assured Supreme Court that messages and the voice calls over the platform were end-to-end encrypted which ensured complete privacy.
However, he added that since contract between a user and WhatsApp was completely in private domain, policy could not be tested constitutionally by SC and petition filed by the students Karmanya Singh Sareen and Shreya Sethi was not maintainable.
Apex Court Bench was quick with rejoinder that this would amount to forcing the citizen to make a negative choice.
While appearing for petitioners, Harish Salve submitted that under new policy, users were unwittingly made to give consent to both. WhatsApp and Facebook and the latter could snoop on messages privately circulated between the users of WhatsApp. They claim that this is being done to improve the services to be given in future to the users.
Whether snooping is done electronically or manually, right to privacy of users gets breached.
Government is duty bound to protect fundamental right of every citizen. If it is failing, then SC can surely issue appropriate directions,” Salve further added.
Appearing for Centre, Additional Solicitor General Tushar Mehta submitted that Government was committed to protect freedom and the fundamental rights guaranteed under Constitution and informed Court that a regulatory regime for internet based messaging and voice call platforms would soon be put in place.
Supreme Court Bench has fixed May 15,2017 for the preliminary hearing.
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