Restrain WhatsApp from implementing new privacy policy, govt asks Delhi HC

The new policy gives users a choice to either accept it or exit the app, but they cannot opt not to share their data with other Facebook-owned or third-party apps. The matter is listed for further hearing on April 20. This comes as a major blow for the technology giant as it was already embroiled in controversy due to its privacy policies

In a major setback for WhatsApp, the government has now urged the Delhi High Court to restrain the Facebook-owned company from setting its new privacy policy and terms of service which are scheduled to come into 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.

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

The matter is listed for further hearing on April 20.

In its affidavit, the government 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," reported PTI.

The 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.

This comes as a major blow for the technology giant as it was already embroiled in controversy due to its privacy policies and it eventually led to the shifting of users from WhatsApp to homegrown platforms such as Telegram and Signal.

The government further said that the Supreme Court has placed a responsibility on the Centre to introduce a regime on data protection and privacy.

On February 3, the high court had issued notice to the government and WhatsApp and sought their replies on the petition challenging the social networking platform's new privacy policy.

Another petition, filed in January, challenging the new privacy policy of WhatsApp on the ground that it violates users' right to privacy under the Constitution is pending before another bench of the high court.