Right to privacy: Centre contradicts itself before Supreme Court

NEW DELHI: A day after it argued right to privacy was not a fundamental right, the central government contradicted itself by claiming that personal data was an extension of one’s personality and hence a part of fundamental right to life.

The Bench said on Friday it would hear the case on September 5. Photo source: Thinkstock

Satya Prakash

Tribune News Service

New Delhi, July 21

Having taken a stand before a nine-judge Constitution Bench that right to privacy is not a fundamental right, the Centre on Friday told another Constitution Bench hearing a case on protection of data on instant messaging service Whatsapp that personal data was an extension of one’s personality and hence a part of fundamental right to life.

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"Data of a user is connected to his personality and it is an integral part of Article 21 (Fundamental Right to Life and Liberty),” Additional Solicitor-General PS Narasimha told a five-judge Bench headed by Justice Dipak Misra, which is examining issues arising out of the 2016 privacy policy of WhatsApp.

“If any contractual obligation impinges upon that, it will have ramifications. We will come out with regulations (on data protection)," Narasimha said.

On the face of it, the central government’s stand in the WhatsApp case appears to be contrary to its categorical statement before the nine-judge Constitution Bench headed by Chief Justice of India JS Khehar.

The Bench posted the matter for further hearing on September 6 after senior counsel Kapil Sibal, representing WhatsApp, pointed out that the verdict of the nine-judge Bench on right to privacy will have a bearing on the case and it matter should be heard only after the judgment was pronounced by the larger Bench.

Petitioners Karmanya Singh Sareen and Shreya Sethi have claimed WhatsApp’s decision to share all its subscribers’ data with Facebook impinged on privacy of 160 million Indian users.

The Delhi High Court had ruled last year that Whatsapp should delete all data in its possession till September 25, 2016, but said the company was free to share the data with Facebook post September 25, 2016, thus enabling subscribers to voluntarily withdraw from the service if they were not keen on sharing their data with Facebook.

The high court had asked the Centre and TRAI to examine the feasibility of bringing the messaging services under a regulatory regime in India.

The petitioners appealed the high court’s verdict in the top court where the issue got referred to a Constitution Bench.

Launched as an application in 2010, WhatsApp has millions of users, including over 160 million in India. Its privacy policy at the time of launch did not allow sharing of users’ data with any other company.

WhatApp’s new privacy policy has come under challenge as it allows it to collect and share information about its users with Facebook and all its group companies for the purpose of commercial advertising and marketing on its platform. Petitioners contended it violated their right to privacy.

Facebook bought Whatsapp in February 2014.