Center to High Court: WhatsApp tries to force users to agree to new policies before data protection law comes

Center to High Court: WhatsApp tries to force users to agree to new policies before data protection law comes

www.systembaba.com - Jun 04, 2021

The Center told the High Court of Delhi that the WhatsApp social communication platform was trying to "constrain" its users in the adoption of a new privacy policy by bombshelling them with notices every day before the Personal Data Protection Bill became law.

It urged the Court to refuse to send communications to existing users on the new Privacy Policy in order to put an end to the customers notification bombardment by WhatsApp as 'anti-use practise,' so as to obtain 'trick consent.'

In response to several pleas contesting the new WhatsApp Privacy Policy, the Centre's claim was made in a supplementary affidavit.

"As a WhatsApp official responded, "we have reinforced our statement to the Indian government and promised users that our top priority continues."

"The recent update does not affect the confidentiality of personal messages, to remember. The aim is to supply additional information on how individuals can interact with businesses if they choose."

"We will no longer limit WhatsApp's capabilities in the coming weeks. Users will be notified about upgrades and whether or not they have chosen to use the corresponding features, such as Facebook support, on a regular basis. The company should expand its options. "

"At least until the next PDP law is passed, this methodology will be used," the official noted.

Chaitanya Rohilla, an attorney, moved one of the pleas in January this year, the first to be filed.

Rohilla, represented by Manohar Lal, claims the updated privacy policy infringes on the right of users to confidentiality in accordance with the constitution, and can accept or quit the app, without, however, choosing to share their data with other apps owned by Facebook or third parties.

The plea claimed that WhatsApp's new Privacy Policy allows complete access to an online user without government oversight.

The Center has also declared in the additional affidavit, supporting the claims of the petitioners, that the privacy policy violates the rules because the Center fail to specify the kind of sensitive personal data being collected.

Furthermore, the policy does not provide users with the option to revisit or modify the information, does not allow users to reverse consent, nor does it guarantee third party further disclosure, the affidavit says.

The report stated that WhatsApp "receives the users' 'trick consent' for its updated Privacy Policy" in anti-user practises.

"People who refuse to accept an updated covering of privacy 2022 have recently bombarded hundreds of thousands of WhatsApp users with standard notifications."

The government said that WhatsApp "has unleashed its digital capabilities to suspect existing users and want to oblige them to accept its updated policy on the protection of privacy by regularly flashing notices like this."

The Government's affidavit states "The game plan is very clear, namely that before the Personal Data Protection (PDP) Act becomes law, we will move the whole existing users' base committed to the updated 2021 Data Protection Policy.

The government has asked WhatsApp for instructions on how to record the number and conversion rate of notifications sent daily so far - how many have accepted the current 2021 privacy policy with respect to the number of notifications.

The central government further stated that the WhatsApp "actually provides hundreds of millions of Indian users with access to personal, sensitive and business information, and also took on the role of 'important digital services' for the COVID 19 pandemic that should include the terms and conditions of the privacy policy.

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