NEW DELHI: A non-state actor like WhatsApp cannot lay down contractual conditions that violate a citizen's right to life and liberty, the government argued before the Supreme Court on Friday.Additional solicitor general PS Narasimha explained the government's position during a hearing challenging WhatsApp's privacy policy that the petitioners alleged would allow the messaging app to share user data with its parent, Facebook A five-judge bench presided over by Justice Dipak Misra later adjourned the case to September 6, as a nine-member constitutional bench is currently looking into whether the right to privacy is a fundamental right or not.Earlier, Narasimha said data was an extension of a citizen's personality and his digital footprints. “It is part of Article 21 (right to life and liberty) of a citizen. If any contractual condition impinges on fundamental rights, it has to be regulated,” he argued.He said the government was thinking of putting in place a data protection and regulation regime, but the final contours of it were yet to take shape. “If there is one (data protection regime), we will improve upon it,” Narasimha said.WhatsApp said it never shared any data with third parties. Senior advocate Kapil Sibal said the only remedy against a private party was seeking damages.Facebook, through senior advocate Arvind P Datar, also resisted any court action against the two companies on the ground that they were private parties. “Any data sharing is only to enhance consumer experience,” it said. But the bench prima facie rejected their pleas.