California-based WhatsApp said on January 4 it reserved the
right to share some data including location and phone number with Facebook and
its units such as Instagram and Messenger.
That triggered outrage, including in its biggest market
India where it has 400 million users.
The change has also met with a challenge in Turkey with the
country's Competition Board this week launching an investigation into the
messaging service and its parent.
In India, many users have began installing rival apps like
Signal and Telegram, pushing WhatsApp to begin a costly advertising campaign to
calm customers.
"It virtually gives a 360-degree profile into a
person's online activity," lawyer Chaitanya Rohilla said of Whatsapp's new
policy in the petition to the Delhi High Court.
'Browbeating'
A copy of the petition, seen by Reuters, said Whatsapp was
jeopardising national security by sharing, transmitting and storing user data
in another country with the information thus governed by foreign laws.
"WhatsApp has made a mockery out of our fundamental
right to privacy," it said.
WhatsApp has given users a February 8 deadline to agree to
the new terms.
"This type of arbitrary behaviour and browbeating
cannot be accepted in a democracy and is completely 'ultra vires' (beyond its
powers) and against the fundamental rights as enshrined in the Constitution of
India," the petition added.
It will be heard by the Delhi High Court on Friday.
WhatsApp did not respond to a request for comment. It has
previously said the policy update does not affect privacy of messages with
friends and family, as group chats are encrypted and the changes only relate to
interactions with businesses.
© Reuters