Published: 15th February 2021
Sibal appearing for WhatsApp argued that Europe has a special law (General Data Protection Regulations), which India doesn't have and the company will follow the law if Parliament makes it
"There is a concern that circuit of messages is revealed by WhatsApp," the apex court observed. The Bench further said that citizens have "great apprehension about loss of their privacy" and they think that their data and chats being shared with others and it has to be looked into." You (WhatsApp and Facebook) maybe two or three trillion companies but people value their privacy more than money. It is our duty to protect their privacy," the Bench told counsels appearing for Facebook and WhatsApp.
The CJI further told the companies' counsels, "We are telling you what we heard and read. People think that if A sends a message to B and B to C. The circuit of messages is revealed to Facebook." During the hearing, senior advocates Kapil Sibal and Arvind Datar appearing for WhatsApp and Facebook respectively denied the allegations and called this "misinformation". Senior advocate Shyam Divan, appearing for petitioner Internet Freedom Foundation, told the Bench that there is a great amount of metadata that is shared for profit and is a privacy concern.