According to the petition filed by Advocate Chaitanya Rohilla in the Delhi High Court and seen by Reuters, Bar and Bench and Medianama, WhatsApp is violating the Right to Privacy of Indian users as it “virtually gives a 360-degree profile into a person's online activity” without any government oversight.
"WhatsApp has made a mockery out of our fundamental right to privacy while discharging a public function in India, besides jeopardizing the National Security of the country by sharing, transmitting and storing the user's data in some another country and that data, in turn, will be governed by the laws of that foreign country", the petition states, as seen by Bar and Bench.
“It is further submitted that the sharing of users’ data by WhatsApp to third parties and Facebook is in itself illegal because WhatsApp can only use the information for purposes that are reasonably linked to the purpose for which the information was given. A user who has signed up to WhatsApp because they want to communicate. Users’ provide their data to WhatsApp for this, whereas WhatsApp is using this data and sharing it with third-party services and Facebook to run their own businesses,” the petition says as seen by Medianama.
"This type of arbitrary behaviour and browbeating can not be accepted in a democracy and is completely ultra vires and against the fundamental rights as enshrined in the Constitution Of India", says the petition. The petition will be heard in court next week.