It is of concern that WhatsApp is treating Indian and European users differently when it comes to privacy, the central government told the Delhi High Court on Monday. Meanwhile, WhatsApp told the court that the government of India has sought certain clarifications regarding its new privacy policy and is responding to the communication.
During the hearing on a petition challenging WhatsApp’s new privacy policy, Additional Attorney General Chetan Sharma told the court that the government sent a full list of questions to WhatsApp.
“The privacy policy offered by WhatsApp to its European users specifically prohibits the use of any information shared with a Facebook company … this clause is not present in the privacy policy offered to Indians and Indian citizens who are a very part , very substantial from the WhatsApp user base, “said Sharma, adding that this differential treatment is” certainly a cause for concern. “
Sharma added that the government is also concerned about the way in which Indian users “have been subjected to these changes quite unilaterally by not giving Indian users the ability to opt out …”
Furthermore, he argued that WhatsApp prima facie appears to be treating users with an all or nothing approach. “This takes advantage of the social importance of WhatsApp to force users to make a deal that can infringe the interest in relation to information privacy and information security,” he added.
Sharma also said that obviously the problem was between two private parties. However, he added, “but the scope and breadth of WhatsApp makes it relevant ground that reasonable and compelling policies are put in place.”
WhatsApp told the court on Monday that it was responding to the communication sent by the government. “We are responding to that. This is all misinformation, ”presented lead attorney Kapil Sibal, who represents WhatsApp.
Judge Sanjeev Sachdeva on Monday postponed hearing the matter until March 1 to allow the government to make a decision in the meantime. The court previously observed that WhatsApp services are voluntary and a user can choose not to use them.
“It is not something that requires you to download …”, the court observed, adding that other applications also have similar terms and conditions.
A petition presented by lawyer Chaitanya Rohilla, through lawyer Manohar Lal, was being heard. The petition seeks a precautionary measure with immediate effect against the updated privacy policy and also wants the Center to be ordered to establish guidelines to ensure that WhatsApp does not share any data of its users with any third party or Facebook and its companies for any purpose. .
Previously, users were required to agree to the new policy before February 8 to continue using WhatsApp, but now the implementation has been postponed until May 15. Following the announcement of the updated policy, many users and privacy activists had raised concerns about it. particularly about the exchange of information between the messaging application and other Facebook companies.
Claiming that WhatsApp changed its privacy policy in the “most arbitrary way” and made it mandatory for its users, the court petition argues that the latest policy violates the right to privacy of the citizens of India. “WhatsApp has included certain clauses in the New Policy that directly affect the fundamental rights of the person”, the plea reads, adding that “this type of arbitrary behavior and intimidating beatings cannot be accepted in a democracy.”
In addition, it maintains that WhatsApp’s privacy policy essentially eliminates the option that users had until now not to share their data with other third-party applications and owned by Facebook. “WhatsApp through policy is clearly trying to share its users’ data with the parent company and other companies that will eventually use that data to serve their vested interests,” the petition reads, adding: “It virtually gives a 360-degree profile of a person’s online activity ”.
Under Article 226, the motive argues, an order can be issued to “any person or authority”, including private bodies and also for the application of fundamental rights or “for any other purpose. WhatsApp has become an important mode of communication among the citizens of India and is also being used to help multiple government functions, he further argues.
The petition also states that the updated privacy policy will not be applicable “to the European Region due to data protection laws in force there” and contends that it was being applied in India “in the most monopolistic manner” in the absence of a comprehensive law. . Look for guidelines or directions to ensure that any changes to the privacy policy by WhatsApp are carried out strictly in accordance with the fundamental rights guaranteed by the constitution.
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