News Analysis India

Tag: privacy policy

  • Won’t compel users to accept new privacy policy, WhatsApp tells Delhi HC 

    By PTI
    NEW DELHI: WhatsApp told the Delhi High Court on Friday that till the data protection bill comes into force, it would not compel users to opt for its new privacy policy as it has been put on hold.

    WhatsApp also clarified before bench of Chief justice D N Patel and Justice Jyoti Singh that it would not limit the functionality for users who are not opting for new privacy policy in the meantime.

    ALSO READ | Delhi HC refuses to stay CCI notice to Facebook, WhatsApp in privacy policy matter

    Appearing for the instant messaging platform, Senior Advocate Harish Salve said, “We voluntarily agreed to put it (the policy) on hold…we will not compel people to accept.”

    Salve said that WhatsApp would nonetheless continue to display the update to its users.

    The court is hearing the appeals of Facebook and its firm WhatsApp against the single-judge order refusing to stop the competition regulator CCI’s order directing a probe into WhatsApp’s new privacy policy.

  • Privacy of users remains our highest priority: WhatsApp on Centre’s trick consent’ remark

    By ANI
    NEW DELHI: Messaging app WhatsApp on Thursday responded to the Centre’s claim over the alleged ‘trick consent’ from users for its updated privacy policy saying it accords the highest priority to the privacy of users.

    “We reiterate that we have already responded to the Government of India and assured them that the privacy of users remains our highest priority,” WhatsApp spokesperson said in a statement soon after the Delhi High Court adjourned the hearing of pleas challenging the messaging app’s revised privacy policy.

    WhatsApp’s statement comes against the backdrop of an affidavit filed by the Centre in the court earlier in the day. The government has alleged that WhatsApp is indulging in ‘anti-users practices’ by obtaining ‘trick consent’ for its updated privacy policy.

    “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,” it said.

    The Centre also submitted that the current notification, as being pushed by WhatsApp on its users, whether existing or new, is ‘against the very grain of prima facie opinion of the Competition Commission of India’s order dated 24/03/2021’.

    On Centre’s contention against multiple notifications to users about the update, WhatsApp said, “We will not limit the functionality of how WhatsApp works in the coming weeks. Instead, we will continue to remind users from time to time about the update as well as when people choose to use relevant optional features, like communicating with a business that is receiving support from Facebook,” the spokesperson added.

    The messaging app will maintain this approach until at least the forthcoming Personal Data Protection (PDP) law comes into effect.

    “We hope this approach reinforces the choice that all users have whether or not they want to interact with a business,” it added.

    The Centre submitted before Delhi HC that WhatsApp has ‘unleashed its digital prowess’ to unsuspecting users and wanted to force them to accept the updated 2021 privacy policy by flashing the notification at regular intervals.

    The game plan is very clear, the Centre said, adding that Whatsapp intended to transfer its entire existing user base committed to the updated privacy policy before the Personal Data Protection (PDP) Bill becomes the law.

    The response of the Centre came after several petitions were filed against WhatsApp’s updated privacy policy. One of was filed by Dr Seema Singh, Meghan and Vikram Singh seeking directions to the Union of India to order Whatsapp Inc to either roll back their policy or provide an option to opt out of the January 4 privacy policy.

    In its reply, WhatsApp said that the messaging app was not forcing anyone to accept the update and its privacy policy is not mandatory.

    In a fresh affidavit, WhatsApp said that the 2021 update is a contract between private parties that users are free to accept or reject.

    Accordingly, WhatsApp submitted that the petitioner’s attempt to invoke writ jurisdiction under Article 226 of the Constitution of India to challenge the 2021 Update – a private contract – is impermissible and abuse of writ jurisdiction.

    WhatsApp has urged the Delhi High Court to dismiss the petition challenging its updated privacy policy.

    The concerned bench did not assemble on Thursday and the matter was adjourned for July 22 for further hearing. 

  • WhatsApp indulging in anti-user practice, obtaining ‘trick consent’, Centre tells Delhi HC

    By ANI
    NEW DELHI: The Centre in a fresh affidavit on Thursday, told the Delhi High Court that the messaging app WhatsApp is indulging in ‘anti-users practices’ by obtaining ‘trick consent’ for its updated privacy policy.

    The Centre submitted before Delhi HC that WhatsApp has ‘unleashed its digital prowess’ to unsuspecting users and wanted to force them to accept the updated 2021 privacy policy by flashing the notification at regular intervals.

    The game plan is very clear, the Centre said, adding that Whatsapp intended to transfer its entire existing user base committed to the updated privacy policy before the Personal Data Protection (PDP) Bill becomes the law.

    The Centre also submitted that the current notification, as being pushed by WhatsApp on its users, whether existing or new, is ‘against the very grain of prima facie opinion of the Competition Commission of India’s order dated 24/03/2021’.

    The Centre has urged the Delhi High Court to issue interim direction to WhatsApp to desist from any action of ‘pushing notifications’ onto existing users related to the updated privacy policy and to place on record the number of times such notifications, as on date, are being pushed on an everyday basis.

    It has also asked Whatsapp to place on record the conversion rate, i.e. notification to acceptance of the privacy policy.

    The response of the Centre came after several petitions were filed against WhatsApp’s updated privacy policy. One of was filed by Dr Seema Singh, Meghan and Vikram Singh seeking directions to the Union of India to order Whatsapp Inc to either roll back their policy or provide an option to opt out of the January 4 privacy policy.

    In its reply, WhatsApp said that the messaging app was not forcing anyone to accept the update and its privacy policy is not mandatory.

    In a fresh affidavit, WhatsApp said that the 2021 update is a contract between private parties that users are free to accept or reject. Accordingly, WhatsApp submitted that the petitioner’s attempt to invoke writ jurisdiction under Article 226 of the Constitution of India to challenge the 2021 Update – a private contract – is impermissible and abuse of writ jurisdiction.

    WhatsApp has urged the Delhi High Court to dismiss the petition challenging its updated privacy policy.

    The concerned bench did not assemble on Thursday and the matter was adjourned for July 22 for further hearing. 

  • Hearing on Facebook, WhatsApp plea challenging CCI order on new privacy policy adjourned

    By ANI
    NEW DELHI: The hearing in Delhi High Court over the petitions of WhatsApp and Facebook challenging the Competition Commission of India (CCI) order for an investigation into the messaging app’s new privacy policy was adjourned on Friday.

    The division Bench of Justice DN Patel and Justice Jyoti Singh did not assemble today and the matter was adjourned for May 31.

    Earlier the Division had issued notice to CCI in the matter.

    The single bench justice Navin Chawla on April 22 had dismissed Facebook and WhatsApp pleas challenging a CCI order for an investigation into the messaging app’s new privacy policy.

    The petitioners had challenged the March 24 order passed by CCI directing a probe into the new privacy policy and the probe should be completed within 60 days. Facebook and WhatsApp said that since the issue of WhatsApp’s privacy policy is being heard by the Supreme Court, High Court therefore, there was no requirement of CCI to order the probe.

    Senior Advocate Harish Salve and Former Attorney General Mukul Rohatgi appeared for the petitioners and had told the court that CCI proceedings must be kept in abeyance as the matter is pending before Supreme Court and High Court.

    Additional Solicitor General (ASG) Aman Lekhi, who represented CCI in the matter, had earlier told the court that the matter is not of privacy but access to data and the Competition is going to deal with metadata.

    ASG Lekhi responded that data can have a privacy or competition dimension. He also said the issue is completely competition-based as understanding consumer behaviour and preferences facilitate targeted advertising. 

  • Privacy policy: Delhi HC reserves order on WhatsApp plea challenging CCI order

    By ANI
    NEW DELHI: The Delhi High Court on Tuesday reserved the order on Facebook and WhatsApp pleas challenging the Competition Commission of India (CCI) order for an investigation into the messaging app’s new privacy policy.

    A single-judge bench of Justice Navin Chawla reserved the order after the counsel of all sides concluded their arguments.

    The court was hearing two petitions challenging the March 24 order passed by CCI directing a probe into the new privacy policy and that the probe should be completed within 60 days.

    Facebook and WhatsApp, said that since the issue of WhatsApp’s privacy policy is being heard by the Supreme Court, therefore there was no requirement of CCI to order the probe.

    Appearing for one of the petitioners, Senior Advocate Harish Salve told the court that the matter is pending before the Supreme Court and this is a headline-grabbing endeavour by CCI.

    Representing Facebook, Senior Advocate Mukul Rohatgi said that CCI proceedings must be kept in abeyance.

    The counsel apprised the court that when Facebook bought the messaging app, WhatsApp started a Policy in 2016 and it was challenged in the Supreme Court and the Centre had submitted to have a proper framework on this.Senior Advocate Salve said that this is not a competition issue.

    Recently, WhatsApp came up with an update, which does not change the privacy policy but had given an opt-out to its pre-2016 customers, the counsel said adding that that privacy is a constitutional concept and not for the CCI to decide.

    The counsel also added that user conversation is protected by end to end encryption. He also apprised the court that applications on the 2021 policy are also pending before the court. “Respect for privacy is coded in our DNA since we started WhatsApp,” the lawyer for Whatsapp said, adding that it does not retain messages and are deleted from the servers after it is delivered.

    Senior Advocate Mukul Rohatgi, who was appearing for Facebook, told the court that Facebook is not following WhatsApp’s policy. He also said that matter is being heard by the Supreme Court.

    Additional Solicitor General Aman Lekhi, representing CCI in the matter, told the court that the matter is not of privacy but of access to data and the Competition is going to deal with metadata.

    ASG Lekhi responded that data can have a privacy or competition dimension. He also said that the issue is completely competition based as understanding consumer behaviour and preferences facilitate targeted advertising. 

  • ‘It is our duty to protect people’s privacy’: SC notice to Centre, Whatsapp on plea challenging new privacy policy

    By Express News Service
    NEW DELHI:  WhatsApp may be a $2-3 trillion company but people value their privacy more than money, the Supreme Court said, issuing notices to the US-based instant messaging firm’s reply on a fresh plea challenging its new policy to share users’ data with parent company Facebook.

    The new privacy policy was originally scheduled to come into effect on February 8 but it was delayed by three months after users expressed concern about their privacy. The policy asks WhatsApp users to agree to its new data-sharing norms, a key point of which is sharing data from business conversations with Facebook. 

    On Monday, a bench headed by Chief Justice of India S A Bobde noted that people’s privacy must be protected in view of the allegation that their data was being shared with other companies. It asked the respondents to respond in four weeks.

    Indian citizens have grave apprehensions regarding the privacy concerns posed by the new privacy policy introduced by WhatsApp, it said. “You (Facebook and WhatsApp) may be a $2-3 trillion company but people value their privacy more than money.” The petitioners demanded that WhatsApp should not apply lower privacy standards for Indians and that it should be on the lines of what is followed in Europe.

    On behalf of the petitioner, senior advocate Shyam Divan pointed out that WhatsApp was differentiating between Indian and European users in terms of privacy standards. He also alleged that huge metadata was being shared for profit.

    WhatsApp denied differential treatment in its new privacy policy. “Europe has a special law (General Data Protection Regulations), which India didn’t. If India has a law, we will follow the same,” said senior advocate Kapil Sibal. 

    What will not change according to WhatsApp“The privacy and security of your personal messages and calls do not change. They are protected by end-to-end encryption, and WhatsApp and Facebook cannot read or listen to them. We will never weaken this security and we label each chat so you know our commitment,” the instant messaging says to users in a message on its website.   

  • Facebook is working on its privacy policy regarding data protection

    Faced with intense scrutiny over users’ privacy and data protection, Facebook said it would continue to invest in research and innovation on a regular basis, creating privacy and secure products and processing data. To help develop new methods.Significantly, media reports have claimed that a federal antitrust investigation targeting Facebook is in its final stages and members of the US Federal Trade Commission (FTC) have made a recommendation to the agency’s commissioners whether it would be against Facebook Whether or not to file a no-confidence motion. Only then has Facebook released the statement.

    Facebook said on Friday that it would continue to work with policy makers, privacy experts and others in emerging privacy sectors, as we build solutions to make people feel safe and comfortable while using our products.

    Facebook said that, over the past several months, it has made changes to public groups and created new products such as shops on Facebook and Instagram, Facebook Campus and Accounts Center. “Thanks to the effective collaboration of many teams on Facebook, these products have been able to give people the best experience, while respecting their privacy,” said Michelle Protti, the product’s chief privacy officer.