WhatsApp says privacy policy on hold till Bill comes into force

New Delhi: WhatsApp LLC told the Delhi High Court on Friday that till the Data Protection Bill comes into force, it will not compel users to opt for its new privacy policy as it has been put on hold and will implement it "if Parliament allows it".

WhatsApp clarified before bench of Chief justice D N Patel and Justice Jyoti Singh that it would not limit the functionality for users who are not opting for new privacy policy in the meantime.

Appearing for the instant messaging platform, Senior Advocate Harish Salve said, "We voluntarily agreed to put it (the policy) on hold... We will not compel people to accept." Salve said that WhatsApp would nonetheless continue to display the update to its users.

In response to Salve's submission, the court observed that even though the implementation had been put on hold, the policy still continued to exist. You are not implementing it but the policy is with you and any day it can come, the court said.

Salve reiterated that the approach would be maintained till the Data Protection Bill becomes the law.

Commitment is that I will do nothing till the Parliament's law comes in. If Parliament allows it, I will have it. If it doesn't, bad luck... I've taken it off till the Parliament makes a law. Either we fit in or we don't, Salve said.

The Personal Data Protection Bill seeks to regulate the use of individual's data by the government and private companies. The Joint Committee of Parliament examining the Bill has been given extension till the monsoon session to submit its report.

The court was hearing the appeals of Facebook and its firm WhatsApp against the single-judge order refusing to stop the competition regulator CCI's order directing a probe into WhatsApp's new privacy policy.

Last month, an application was moved by WhatsApp for interim stay on the probe.

The court proceeded to adjourn the matter till July 30 after it recorded that CCI's affidavit was not on record.