New WhatsApp privacy policy under lens; govt urges HC to restrain App from updating terms

The Centre on Friday urged the Delhi High Court to restrain Facebook-owned Whatsapp from implementing its new privacy policy and terms of service which are to take effect from May 15. The Ministry of Electronics and Information Technology made the statement in its affidavit filed in response to a petition challenging the new privacy policy of social networking platform WhatsApp. The petitioners, Seema Singh, Meghan and Vikram Singh, have contended that the new privacy policy indicates the "fissures" in Indian data protection and privacy laws.

Under the new policy, users can either accept it or exit the app, but they cannot opt not to share their data with other Facebook-owned or third party apps.

Govt wants WhatsApp privacy policy blocked

The Centre, in its affidavit, said, "It is humbly prayed that in view of the above submissions, the Respondent No. 2 (WhatsApp) may be restrained from implementing its new privacy policy and terms of service dated January 4, 2021 from February 8, 2021 or any subsequent date pending adjudication by this court."

The Centre in its affidavit further said that the IT Rules impose a host of obligations on a company in relation to the security of the data collected by it in the course of its business. "Notably, the Rules require a body corporate who collects, stores or otherwise deals with data to issue a privacy policy providing for certain safeguards, in addition to imposing various other obligations. The impugned Privacy policy violates the 2011 Rules," it said.

The petitioners have sought directions to the ministry and WhatsApp to ensure that people using the messaging app are given the option to opt-out of sharing their personal data with its parent firm Facebook and its other companies. They have also sought a direction to the ministry to frame guidelines, regulation or rules for safeguarding the privacy of the citizens from all the apps and organisations operating in India which collect user data.

The Centre has also sought a direction to WhatsApp to roll back its new policy or in the alternative provide an option to the users, including those who have already agreed to it, to opt-out of the same. The petitioners have also sought direction from the government to formulate social media intermediary guidelines.