later withdrew the email unconditionally.
“I am not going to hear this case. I was, in any case, not going to hear it,” said Justice Singh, according to Bar & Bench.
However, Additional Solicitor General Chetan Sharma urged the judge not to recuse herself. He said there could not be a better person to hear this matter and it was an important question of law. But Justice Singh said she was sending it to another judge.
Senior advocate Mukul Rohatgi, appearing for WhatsApp, asked for the matter to be listed before a single-judge Bench.
Justice Singh suggested the case be treated as PIL (public interest litigation). The matter will now be heard by another Bench on Monday.
violates the right to privacy, guaranteed under the Constitution of India.
Salman Waris, managing partner at technology
“The petition has sought a direction to the Central government to exercise its powers under the Information Technology
Act and ensure that WhatsApp does not share any data of its users with any third party or Facebook
and its companies,” Waris said.
“The primary contention of the petitioner is that the new policy ‘virtually gives a 360-degree profile into a person’s online activity’, without any ‘government oversight’, and ‘takes away the choice’ of a user to not share their data with other Facebook-owned apps and third-party apps.”
The petition has highlighted there is no clarity on the extent to which data will be shared. It raises questions about what will be done with the sensitive data of users.
It says under the new terms and conditions, WhatsApp would be sharing transaction data, mobile device information, IP addresses, and other data on how users interact with businesses on WhatsApp with Facebook
group companies, including Instagram.
The most prominent changes deal with how WhatsApp shares information with Facebook and its subsidiaries. The instant messaging app can now share phone numbers and transaction data with Facebook. The aim is to also promote safety.
India is the biggest user base for Facebook, with around 328 million of them. WhatsApp has 400 million users here, also the highest.
In continuation with its tirade against the messaging entity, the Confederation of All India Traders (CAIT), which represents 70 million traders, said it might go to court if the government did not take action against WhatsApp.
It urged the government for a technical audit of WhatsApp, Facebook, and Instagram.
“After failing in its attempt in the European Union to continue this policy, Facebook has now made India as a new target,” said CAIT National President B C Bhartia and Secretary General Praveen Khandelwal in a statement.
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