In the ongoing privacy policy row, the Centre on June 3 told the Delhi HC that WhatsApp is using ‘tricks’ to make people accept privacy policy and should be stopped. The Centre alleged that Facebook owned chat platform is actually indulging into anti-user practices and making sure that it tricks people into accepting the privacy policy before the Personal Data Protection Bill is included in the legal framework of India.
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In a fresh affidavit, Centre tells Delhi High Court that WhatsApp is indulging in anti-users practices by obtaining 'trick consent' from users for its updated privacy policy pic.twitter.com/mO509QaaPv
— ANI (@ANI) June 3, 2021
Background
Since the beginning of 2021, Facebook owned WhatsApp has been the subject to a lot of controversies. In the beginning of January, the company introduced an update to its existing privacy policy. But after severe backlash from users, the company extended the deadline to February 8 first, 15 May next, and June 19 currently. If you’re unsure on WhatsApp’s updated privacy policy, and what it may mean to you, check out our in-depth article on the same.
Details
On Thursday, the Centre submitted an affidavit to the Delhi High Court claiming that WhatsApp is making use of anti-user practices and is getting ‘trick-consent’ from its users to ensure that as much of the user base as possible accepts the policy before the Personal Data Protection Bill is accepted as a law in the nation.
Also Read: WhatsApp sues Central government, cites new rules means an end to privacy
App has “unleashed its digital prowess” on “unsuspecting users”: Centre
The Centre in its reply to the petition which challenged WhatsApp’s privacy policy said-
“It is submitted that millions of WhatsApp existing users, those who have not accepted the updated 2021 privacy policy, are being bombarded with notifications on an everyday basis.”
The Centre also told the Delhi HC that the app has “unleashed it digital prowess” to “unsuspecting existing users” and is forcing them to accepting the updated privacy policy by pushing notifications regarding the same on regular intervals.
The Centre also alleged that WhatsApp’s ‘game plan’ is to simply get the current user-base to accept the updated privacy policy before the aforementioned Data Protection Bill becomes the law.
WhatsApp has broken Section 4 of Competition Act 2002
The Centre also told the Delhi HC that the Competition Commission of India (CCI) has formed its initial opinion that the Mark Zuckerberg owned platform has hampered the Section 4 of the current Competition Act 2002 “through its exploitative and exclusionary conduct, in the garb of policy update”. For the uninitiated, the Section for of the Competition Act 2002 prohibits all enterprise from abusing their dominating position.
Also Read: Not even WhatsApp will be able to access your chats thanks to ‘End-To-End Encrypted Backups’
“Privacy remains our highest priority”: WhatsApp Spokesperson
An India Today report quoted a WhatsApp spokesperson saying-
“We reiterate that we have already responded to the Government of India and assured them that the privacy of users remains our highest priority. As a reminder, the recent update does not change the privacy of people’s personal messages. Its purpose is to provide additional information about how people can interact with businesses if they choose to do so.”
“We hope this approach reinforces the choice that all users have whether or not they want to interact with a business. We will maintain this approach until at least the forthcoming PDP law comes into effect.”
-the spokesperson’s statement further read.
Does not accepting the privacy policy restrict WhatsApp’s functionality?
WhatsApp now won’t limit the functionality of the messaging app if you don’t accept the new privacy policy. The information was confirmed by another WhatsApp spokesperson in May, 2021.
In the interview to The Verge, the company’s spokesperson said-
“Given recent discussions with various authorities and privacy experts, we want to make clear that we will not limit the functionality of how WhatsApp works for those who have not yet accepted the update.”
The question regarding inaccessibility because of not accepting the updated privacy policy came when the company in the same month had said that the company will keep sending reminder to users to accept the policy and after a few weeks, the company will start disabling the features and limit the functionality.
