Users free to withdraw from WhatsApp if privacy policy is unacceptable: Facebook counsel in SC

Facebook, which owns the popular messaging platform WhatApp, told the Supreme Court that those feeling aggrieved could quit WhatsApp, pending possible scrutiny of WhatsApp's new privacy policy on the touchstone of right to privacy. WhatsApp counsel Kapil Sibal assured the court that messages and voice calls over the platform were end-to-end encrypted which ensured complete privacy. He said since the contract between a user and WhatsApp was completely in the private domain, the policy could not be tested constitutionally by the SC. He further said that the petition filed by students Karmanya Singh Sareen and Shreya Sethi was not maintainable. Facebook counsel K K Venugopal was blunt in saying, & quot Those who find the new privacy policy in violation of their fundamental rights, can quit. We've given full freedom to users to withdraw from Facebook and WhatsApp.& quot Appearing for the petitioners, Harish Salve said under the new policy, users were inadvertently made to give consent to both WhatsApp and Facebook and it could snoop on messages privately circulated between users of WhatsApp. & quot They claim that this is being done to improve services to be given in future to users. Whether the snooping is done electronically or manually, the right to privacy of users gets breached. The government is duty bound to protect the fundamental right of every citizen. If it is failing, then the SC can surely issue appropriate directions,& quot Salve said. Appearing for the Centre, additional solicitor general Tushar Mehta said the government was committed to protect the fundamental rights guaranteed under the Constitution and informed the court that a regulatory regime for internet based messaging and voice call platforms would soon be put in place. The bench fixed May 15 for preliminary hearing.