The government said so in its response to a PIL submitted by Seema Singh and attorneys Meghan and Vikram Singh. The case is being heard by the Department of the Delhi Supreme Court under the direction of Chief Justice DN Patel.
In its response to the Delhi Supreme Court, the Department of Electronics and Information Technology indicated that WhatsApp falls under the definition of “corporation” under Section 43A of the Information Technology Act. Therefore, according to the ministry, it falls under the 2011 IT rules.
A legal person within the meaning of the IT Act is a company, a company, a sole proprietorship or another association of persons who carry out commercial or professional activities.
It does not specify the types of Sensitive Personal Information that will be collected: The government says the WhatsApp policy uses extremely general terms for the type of data collected and makes no distinction between personal information and sensitive personal information.
Cannot offer an option to subsequently withdraw consent: The IT rules allow the user not to give and even to revoke previous consent to share the information. If a previous consent is withdrawn, this means in the answer that the data collected earlier must be deleted. In the WhatsApp policy, a user can choose not to share any data and the service can be denied. However, this fails with the second parameter because even if a user deletes their account, a significant amount of information can be retained.
The PIL from Dr. Seema Singh came to the Supreme Court hearing on Friday and will be next admitted on April 20.