Right to Privacy

Right to Privacy

 

Why in News?

Recently, the Supreme Court rejects WhatsApp-Meta pleas against the Competition Commission of India (CCI).

1. Both WhatsApp and Meta have argued that the CCI cannot investigate into the matters of the privacy policy.

 

So, What are the Issues with the Privacy Policy of WhatsApp?

1. Issue is regarding the information that the WhatsApp automatically collects and shares with the Facebook like the mobile phone number, user activity, and other basic information of the WhatsApp account.
2. WhatsApp’s privacy policy to share commercial user data with Facebook establishes that it is the owner of the data rather than an intermediary.
3. The policy essentially takes away the choice users had until now to not share their data with other Facebook-owned and third-party apps.
4. But, the WhatsApp policy contradicts with the recommendations of the Srikrishna Committee report, which forms the basis of the Data Protection Bill 2019. For Example: The ‘Principle of Data Localisation’, which aims to put curbs on the transfer of personal data outside the country, may come in conflict with WhatsApp’s privacy policy.

 

What is Right to Privacy?

1. The Supreme Court described privacy and its importance in the landmark decision of K.S. Puttaswamy v. Union of India in 2017 that - Right to Privacy is a fundamental and inalienable right and attaches to the person covering all the information about that person and the choices that he/ she makes.
2. Right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 of the constitution. 
3. Limitations to this Right:

The right may be restricted only by the state action that passes each of the 3 tests:

1. 1. 1. Such state action must have a legislative mandate (as per law),
      2. It must be pursuing a legitimate state purpose, and
      3. It must be proportionate i.e., such state action- both in its nature and extent, must be necessary in a democratic society.

 

About the Competition Commission of India (CCI)

1. It was established in March 2009 by the Government of India under the Competition Act, 2002 for the administration, implementation, and enforcement of the Act.
2. Its Objectives are:
   1. Eliminate practices having adverse effects on competition.
   2. Promote and sustain competition.
   3. Protect the interests of consumers.
   4. Ensure freedom of trade in the markets of India.
   5. Establish a robust competitive environment through Proactive engagement with all stakeholders, including consumers, industry, government, and international jurisdictions.
3. The Commission consists of 1 Chairperson and 6 Members who shall be appointed by the Central Government.