At the start of the hearing, the court reiterated what it had said on January 18 that WhatsApp was a private app and it was optional whether to download it or not. "It is not mandatory to download it. Every other app has similar terms and conditions regarding sharing of user information with others," the court said and asked why the petitioner was challenging the policy of WhatsApp.
The court observed that Whatsapp is not mandatory to download on mobile phones.
The court also observed that the Personal Data Protection Bill was being considered by Parliament and the government was looking into issues raised in the plea.
During the hearing, Additional Solicitor General (ASG) Chetan Sharma told the court that by not giving Indian users the option to opt out of sharing their data with other companies of Facebook, WhatsApp prima facie appears to be treating users with an "all or nothing approach".
Sharma said the government was already looking into the issue and has sent a communication to WhatsApp seeking certain information. Senior advocate Kapil Sibal, appearing for WhatsApp, told the court that the communication has been received and will be responded to.
The court, thereafter, listed the matter for hearing on March 1.