Those feeling aggrieved can quit WhatsApp: Facebook tells SC

Facebook told the Supreme Court people who find WhatsApp’s privacy policy irksome can quite the platform.

WhatsApp counsel Kapil Sibal said the messages and voice calls over the platform were end-to-end encrypted, ensuring complete privacy.

Facebook counsel K K Venugopal bluntly told the top court, "Those who find the new privacy policy irksome or violative of their fundamental rights, can quit. We've given full freedom to users to withdraw from Facebook and WhatsApp."

Sibal told the Apex Court the contract between a user and WhatsApp was completely in the private domain, the policy could not be tested constitutionally by the SC and the petition filed by students Karmanya Singh Sareen and Shreya Sethi was not maintainable.

However, appearing for the petitioners’ side, Harish Salve said under the new policy, users were unwittingly made to give consent to both WhatsApp and Facebook and the latter could snoop on messages privately circulated between users of WhatsApp.

"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," Salve said.

The bench fixed May 15 for preliminary hearing.