A five judge constition bench comprising Chief Justice Dipak Misra, Justice A.K. Sikri, Justice Amitava Roy, Justice A.M.Khanwilkar and Justice Mohan M. Shantanagoudar was told that Justice Srikrishna committee have been asked to make specific suggestions for consideration by the government on principles for data protection in India.
Addressing the constitution bench, Additional Solicitor General Tushar Mehta said that that after the report comes into being, there is a possibility that a law regulating data protection will be passed. Meanwhile, the bench asked both social media site Facebook and instant messaging app WhatsApp to file affidavits stating what part of the data of their users they are sharing with third parties under their new privacy regime.
Appearing for WhatsApp, senior counsel Kapil Sibal told the court that they were only sharing four things with the third parties - the user's telephone number, the type of the device being used, its registration and the last time when the user accessed the app. Clearly, Sibal forgot to mention that WhatsApp also shares data on the type of messages sent by users, which the company confirmed to Digit in a recent media rountable. So, Facebook knows if you have sent your friend a GIF or a normal text message on WhatsApp. There is also the issue of ad targetting on Facebook through WhatsApp. We at Digit are still awaiting answers from the company clarifying just how a marketer can use a WhatsApp user's phone number to target ads at them on Facebook.
As the court said that it would record the statement made by Sibal on sharing of data, senior counsel Arvind Datar, appearing for Facebook, seemed reluctant and at that stage, the court asked both WhatsApp and Facebook to file affidavits.
Directing the listing of the matter on November 20 after both have filed their affidavits, the court in its order said: "Be it clarified, if the assertions made in the affidavit would not require any kind of intervention by this Court, this Court may not pass any interim order."
Assuring the court that WhatsApp was not looking into the data of its users, Sibal said it was entitled to do what it wanted, including business, on its digital platform. As he told the constitution bench that data sharing was too complex an issue for the judges to understand and decide, Datar also said that the whole issue was "complex" and requires legislative intervention since it is a "multifaceted matter".
With inputs from Digit NewsDesk
Other Popular Deals
- 10 websites and applications you must know about8 music streaming services worth trying out
- 6 ways to start learning Microsoft AzureHow to improve your Firefox browsing experience
- The 12 most hilarious YouTube channels10 Microsoft Big Data Success Stories
- Next year, these attacks will threaten your cybersecurityWhy you won't need cable or DTH in 2017
- Flipkart New Pinch Days sale: Offers on Google Pixel 2,...Weird but interesting websites you ought to bookmark right...
- 10 reasons to trust Azure with your data10 YouTube sci-tech channels every geek should follow
- 15 apps and websites to accomplish everyday tasks15 must have chrome extensions
- On International Internet Day, know your internet