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The high court had on February 3 issued notice to the Centre and WhatsApp and sought their replies on the petition challenging the social networking platform's new privacy policy.
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It also said that pending the passage of this Bill, the Information Technology Act, 2000 and the Rules made thereunder form the extant regime on data protection, any privacy policy issued by a ‘body corporate’ such as WhatsApp must comply with the requirements specified in the Act and the accompanying Rules. 2 issuing privacy policies which do not align with appropriate standards of security and data protection," the affidavit, filed through advocate Kirtiman Singh, said. Upon enactment, this law will provide a robust regime on data protection which will limit the ability of entities such as Respondent No. "The Union has discharged this obligation by introducing the Personal Data Protection Bill, 2019 in the Lok Sabha. The Centre said that the Supreme Court has placed a responsibility on the Centre to introduce a regime on data protection and privacy. The impugned Privacy policy violates the 2011 Rules," it said. "Notably, the Rules require a body corporate who collects, stores or otherwise deals with data to issue a privacy policy providing for certain safeguards, in addition to imposing various other obligations. The affidavit further said that the IT Rules impose a host of obligations on a company in relation to the security of the data collected by it in the course of its business. READ MORE: WhatsApp CEO 'worried' about Indian govt promoting Koo 2 (WhatsApp) may be restrained from implementing its new privacy policy and terms of service dated Janufrom Februor any subsequent date pending adjudication by this court." The Centre, in its affidavit, said, "It is humbly prayed that in view of the above submissions, the Respondent No. Under the new policy, users can either accept it or exit the app, but they cannot opt not to share their data with other Facebook-owned or third party apps.Ī bench of Chief Justice DN Patel and Justice Jasmeet Singh listed the matter for further hearing on April 20. The petitioners, Seema Singh, Meghan and Vikram Singh, have contended that the new privacy policy indicates the "fissures" in Indian data protection and privacy laws. The Ministry of Electronics and Information Technology made the statement in its affidavit filed in response to a petition challenging the new privacy policy of social networking platform WhatsApp. The Centre Friday urged the Delhi High Court to restrain Facebook-owned WhatsApp from implementing its new privacy policy and terms of service which are to take effect from May 15. Centre vs WhatsApp: Govt wants HC to block messaging app's new privacy policy