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Privacy Policy of WhatsApp, 2021: A Conundrum


WhatsApp is an instant messaging application and has introduced a new privacy policy in 2021. Its users now have to agree on the latest terms and conditions or their accounts will get disconnected. The notification described, how WhatsApp works with Facebook and Instagram and offers integration into the company and that the users will now have to accept the new policy within a specific time duration.

By the new policy, WhatsApp will share some information with Facebook which was not there in the earlier version. The names of Facebook companies are also registered in the third-party service providers. It was stated that several businesses rely on WhatsApp to communicate with their customers. The application works with businesses that use Facebook or third party to improve communication with customers on WhatsApp and for that, the users have to agree to share their IP deals, cell gadget info, transaction data, and other sensitive information.

One of the main cons of such a drastic deadline is that the new policy gives rise to grave concerns regarding the implications for the choice and autonomy of Indian citizens. This arbitrary move is definitely not in accordance with the fundamental rights vested in Part-III of the Indian Constitution and is a direct breach of right to privacy upheld by the Hon’ble Supreme Court of India.

In India, The Ministry of Electronics and Information Technology (MeitY) had asked for the clarifications related to its “privacy, data transfer, sharing policies and other business practices” and also asked 14 different questions related to the proposed update within 7 days.[1]

WhatsApp has clarified that the messages will remain private and encrypted, and has also postponed the introduction of new policy from February 8, 2021 to May 15, 2021. The Ministry also urged to reconsider the stringent approach in respect of the informational privacy, freedom of choice and data security of the citizens.

Several PILs has been filed by objecting WhatsApp's new privacy policy; like: data of connection, device location and interface with third-party services and service providers. It objected to the new regime where WhatsApp will share information globally, both internally within the Facebook Companies and externally with its partners and service providers.

It also pleaded that people are given the option to opt out of sharing their data with its parent company Facebook and other companies.

Lastly, while hearing one such petition by Chaitanya Rohilla, a single bench pronounced that using the application was completely voluntary, given it’s a private application, and even went on to say that there are many such other applications using personal data on a vivid reading of individual policies, doing away with the importance of the matter in hand.[2]

The very fact that in other counties like Europe and the US, the application was giving an option to accept or reject the updated policy but in India, it wasn’t given enough attention and emphasize was given on that one is free to not use the application. This approach of the court is concerning as it looks away from the privacy threats offered by an application.


-Richaa Mukhoupadhyay

(Legal Intern)       

 

For more updates, please visit our website: https://www.worldcybersecurities.com/

 


[1] Neha Alahwadi, India asks WhatsApp to withdraw new privacy policy, answer 14 questions, Business Standard, (Fen, 12, 2021, 7 PM) https://www.business-standard.com/article/current-affairs/india-asks-whatsapp-to-withdraw-new-privacy-policy-answer-14-questions-121011900741_1.html

[2]Shreya Agarwal, "It's A Private App, If You Don't Want To, Don't Use It": Delhi High Court on Plea Against WhatsApp's Updated Privacy Policy, Live Law, (Feb, 12, 2021, 7:30 PM) https://www.livelaw.in/top-stories/whatsapp-new-privacy-policy-delhi-high-court-right-to-privacy-168527

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