SC asks WhatsApp, Facebook to clarify if they share data with third-parties

A committee to deliberate on the issue of data protection in India has been set up under the chairmanship of former apex court judge Justice B N Srikrishna and a law can be evolved after it submits its report, the Centre told the Supreme Court today. The government told the court that there was all the possibility for a law to be passed to regulate data protection in the country after the panel comes up with its report.

Additional Solicitor General Tushar Mehta, appearing for the Centre, told a five-judge constitution bench headed by Chief Justice Dipak Misra that the committee, which comprises experts from the field, would make specific recommendations to the government after going through various facets of data protection.

The petitioners, who have challenged the WhatsApp privacy policy, claimed in the court that WhatsApp was sharing data of their users with Facebook and various third-party entities. The apex court directed WhatsApp and Facebook to file an affidavit within four weeks specifying whether they were sharing the data with any third-party entity.

Senior advocates Kapil Sibal and Arvind Datar, representing WhatsApp and Facebook respectively, said they were not sharing user data with any entity. Later, Sibal said that they were only sharing details like ‘last seen’, telephone number and device details. The court then fixed the matter for hearing on November 28.