Accusing WhatsApp of obtaining “trick consent” from users into accepting its new privacy policy, the Centre has claimed that WhatsApp plans to transfer its full existing user base to the new policy before the Parliament passes the Data Protection Law. Ministry of Electronics and IT has filed an affidavit before the Delhi High Court seeking a stay on WhatsApp’s new privacy policy while asking WhatsApp to desist from sending notifications to existing users to agree to the new policy.
The Centre has submitted that WhatsApp is unleashing its digital prowess before unsuspecting current users, by flashing notifications for compliance with the new policy at regular intervals. Contending that WhatsApp is indulging in anti-user practices by sending policy compliance notifications to existing users in violation of orders by the Competition Commission of India (CCI), the Centre has sought to know the conversion rate of WhatsApp’s existing users to the new privacy policy. On March 24, CCI had ordered a probe into WhatsApp’s new privacy policy despite objections by the social media giant. The Delhi High Court is slated to hear petitions against WhatsApp’s new privacy policy in July and will consider the replies filed by the Centre, Facebook and WhatsApp.
Last month, WhatsApp had told the court that it will soon start deleting users who don’t comply with its new privacy policy, which will include restrictions on messaging and calls to chat lists followed by deletion of accounts of users. Refusing to extend the May 15 deadline for compliance with its revised privacy policy, WhatsApp had maintained that it doesn’t violate any Indian law despite objections by the Union Government and petitioners.
Claiming that it is not legally obliged to give users an option to “opt-out” of its new privacy policy, WhatsApp had submitted that users are free to stop using the app which maintains that isn’t violating any Information Technology (IT) Act Rules or any aspect of Indian law.
Centre claimed that social media app’s policy not only violates the IT Act and aspects of IT rules but also runs contrary to the Supreme Court verdict which defined privacy as a fundamental right. WhatsApp had submitted that any interference with its policy update will cripple the entire industry of internet-based apps and websites. It had claimed that the right to collect user data is already a part of the privacy policies of Microsoft, Google, Zomato, Zoom, Big Basket and many other companies.
