The Centre has informed the Delhi High Court that instant messaging app WhatsApp was indulging in “anti-users practices” by obtaining “trick consent” from the users for it updated privacy policy.
Also read: Explained | Why is WhatsApp opposed to traceability?
The Ministry of Electronics and Information Technology (Meity), in an affidavit filed before the court, stated that WhatsApp was “bombarding” million of its existing users, those who have not accepted the updated 2021 privacy policy, with notifications on a daily basis.
Also read: New IT rules | Centre accuses WhatsApp of attempt to stall norms
The Ministry has urged the court to give a direction to WhatsApp to “desist from any action of ‘pushing notifications’ onto existing users related to updated 2021 privacy policy”.
“The current notifications as being pushed by the Respondent No. 2 (WhatsApp) on its users whether existing or new is against the very grain of prima facie opinion of the Competition Commission of India’s (CCI) order of March 24, 2021,” the Ministry said.
Also read: New IT rules | Centre seeks compliance report from intermediaries
The CCI had called for an investigation into WhatsApp new privacy policy.
“Having considered the overarching terms and conditions of the new policy, the Commission is of prima facie opinion that the ‘take-it-or leave-it’ nature of privacy policy and terms of service of WhatsApp and the information sharing stipulations mentioned therein, merit a detailed investigation in view of the market position and market power enjoyed by WhatsApp,” the competition watchdog had said.
The Ministry’s affidavit is in response to a petition filed by Seema Singh challenging WhatsApp’s new privacy policy which provided for sharing information with third party service providers and other Facebook companies.
The Facebook owned entity is also facing similar petition in different courts across India against its new privacy policy.
WhatsApp has earlier said its new privacy policy came into effect from May 15, but also clarified that it would not start deleting accounts of those users who have not accepted it and would try to encourage them to get on board.
Earlier, Meity had also stated that that new privacy policy was not in tune with the IT (Intermediary Guidelines) Rules 2011.
