Restrain WhatsApp from implementing new privacy policy: Centre urges HC

Facebook-owned company has said the update only changes the way users interact with WhatsApp business accounts

WhatsApp should be restrained from implementing its controversial new privacy policy, the central Government said before the Delhi High Court in response to a public interest litigation.

WhatsApp has asked users to review and accept a privacy update by February 8. The update was worded in a way that led users to believe their information was unsafe and not end-to-end encrypted, prompting many to leave the messaging platform. WhatsApp postponed the deadline for the privacy policy update to May 15 from February 8 earlier.

The Facebook-owned company said earlier that the update only changes the way users interact with WhatsApp business accounts.

WhatsApp "may be restrained from implementing its new privacy policy and terms of service dated 04.01.2021 from 08.02.2021 or any subsequent date pending adjudication by this Hon'ble' Court," said the government’s petition.

The petition further states that the government is finalising the Personal Data Protection Bill,·2019, which, once it becomes law, "will provide a robust regime on data protection which will limit the ability of entities such as Respondent No.2 (WhatsApp) issuing privacy policies which do not align with appropriate standards of security and data protection".

It further said the impugned privacy policy violates the Information Technology Rules, 2011 on five counts. These include failure to specify the type of personal data being collected, failure to notify user details of collection of sensitive personal information, failure to provide an option to review or amend information, failure to provide option to withdraw consent retrospectively, and failure to guarantee further non-disclosure by third parties.

The government was responding to a petition moved by Seema Singh, a constitutional law lecturer.