Amidst the tussle between the Central government and Whatsapp, a new development has been made. The Delhi High Court heard from the Central government that WhatsApp has become an essential digital service, especially during the pandemic. They accused the messaging giant of obtaining “trick consent” under their new privacy policy.
The Centre Accuses Whatsapp of Developing Game Plans To Persuade Users
The Central government told the High Court that WhatsApp is obtaining “trick consent” from their users as part of their 2021 privacy policy ahead of the pending Personal Data Protection (PDP) Bill. The Centre claimed this was being done under a game plan to transfer the existing users committed to its policy. Further emphasized that WhatsApp was using anti-users practices by obtaining the “trick consent”.
They said 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.
ALSO READ:-Central Government Moves To Delhi High Court To Restraint Whatsapp Privacy Policy
Furthermore, the center said that Whatsapp has released its digital prowess to unsuspecting users and is likely forcing them to accept the updated 2021 privacy policy.
The Centre added that WhatsApp is currently having access to the personal, sensitive personal, and business data of hundreds of millions of Indian users and has also acquired a role that an “essential digital service” during the COVID-19 pandemic.
The affidavit further added that it is important for WhatsApp privacy policy should be examined on the privacy principles as laid down in K.S. Puttaswamy verdict.
Government Files Affidavit on PIL For WhatsApp Roll Back Privacy Policy or Opt-Out Option
The Centre added the Competition Commission of India (CCI) has formed a prima facie opinion that WhatsApp has contravened the provisions of Section 4 of the Competition Act, 2002 “through its exploitative and exclusionary conduct, in the garb of policy update”.
The CCI had further said a thorough and detailed investigation is required to ensure a full extent, scope and impact of data sharing through involuntary consent. The affidavit was filed on a PIL by Seema Singh, Meghan and Vikram Singh seeking a direction to the Centre to order WhatsApp to either roll back the new privacy policy or provide an opt-out option to its users.
