WhatsApp indulging in anti-user practice, obtaining 'trick consent': Centre tells Delhi HC

The Centre has told the Delhi High Court that social messaging platform WhatsApp was trying to force its users to consent to the new privacy policy before the Personal Data Protection Bill becomes the law by bombarding them with notifications daily to obtain their consentTerming WhatsApps bombarding of notifications on its customers as an antiuser practice for obtaining trick consent the central government has urged the court to direct the messaging platform to desist from pushing notifications onto its existing users with regard to the new privacy policyThe Centres claim has been made in an additional affidavit filed in response to several pleas challenging the new privacy policy of WhatsAppOne of the pleas which was the first one to be filed was moved by Chaitanya Rohilla a lawyer in January this yearRohilla represented by advocate Manohar Lal has contended that the updated privacy policy violates users right to privacy under the Constitution and they can either accept it or exit the app but they cannot opt not to share their data with other Facebookowned or third party appsAlso Read WhatsApp wont limit functions if you dont accept new policyThe plea has claimed that the new privacy policy of WhatsApp allows full access into a users online activity without there being any supervision by the governmentIn its additional affidavit which supports the petitioners claims the Centre has said the privacy policy violates the rules as it fails to specify types of sensitive personal data being collected and also fails to notify users about details of the sensitive personal information which is collectedBesides the policy also does not provide an option to users to review or amend the information does not provide an option to withdraw consent retrospectively and also fails to guarantee further nondisclosure by third parties the affidavit has saidIt has also stated that WhatsApp was indulging in antiusers practices by obtaining trick consent from the users for its updated privacy policyIt 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 it has saidThe government has said that WhatsApp has unleashed its digital prowess to the unsuspecting existing users and would like to force them to accept the updated 2021 privacy policy by flashing such notifications at a regular intervalsThe game plan is very clear ie to transfer the entire existing user base committed to the updated 2021 privacy policy before the Personal Data Protection PDP Bill becomes the law the government has said in its affidavitThe government has sought directions to WhatsApp to place on record the number of times such notifications have been sent out till date on daily basis and what was the conversion rate that is how many have accepted the updated 2021 privacy policy visavis the number of notificationsThe central government has further said that WhatsApp is currently having access to personal sensitive and business data of hundreds of millions of Indian users and has also acquired role of an essential digital service during Covid19 pandemic and thus it was imperative that it privacy policy and terms of service should be examined on the touchstone of privacy principles as laid down in K S Puttaswamy judgement of the Supreme CourtThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever