WhatsApp’s differential treatment of Indian users a cause for concern: Centre says in Delhi HC

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The Centre on Monday instructed the Delhi High Court that WhatsApp’s differential treatment of Indian users towards their European users when it got here to its privateness coverage was a “cause for concern to the government”.

Additional Solicitor General (ASG) Chetan Sharma, showing for the Central authorities, stated, “the privacy policy offered by WhatsApp to its European users, specifically prohibition of any information shared with Facebook, while this provision is not present in the privacy policy offered to Indian citizens who form a very substantial part of WhatsApp user base”.

“This differential treatment is a cause for concern to the government,” the ASG stated.

“The government is also concerned in the way Indian users have been subjected to these changes rather unilaterally. By not providing the Indian users the ability to opt out of this data being shared with other Facebook companies, WhatsApp prima facie seems to be treating Indian users with an all-or-nothing approach,” ASG Sharma stated.

This, Mr. Sharma, stated could infringe on Indian users’ curiosity in relation to data privateness and data safety.

Though the difficulty “is between two private parties”, Mr. Sharma stated, “the scope and expanse of WhatsApp makes it a germane ground that reasonable and cogent policies are put in place which is being done by the Personal Data Protection Bill”.

“The Personal Data Protection Bill is being discussed by the Joint Committee of the Parliament,” Mr. Sharma added.

Hearing adjourned to March 1

Taking observe of the truth that the matter is being regarded into on the highest degree, Justice Sanjeev Sachdeva adjourned the listening to in the case for March 1, by which the Centre will place on report the steps being taken on the difficulty.

In the meantime, Justice Sachdeva declined to grant the plea of petitioner Manohar Lal to challenge discover to WhatsApp.

During the listening to, WhatsApp counsel submitted that a communication had been obtained from the Central authorities in search of sure data on the privateness coverage on January 18.

Mr. Lal, in his petition, has claimed that WhatsApp’s new privateness coverage violates the fitting to privateness assured beneath the Constitution. It stated the brand new coverage “virtually gives a 360-degree profile into a person’s online activity” with out there being any supervision of the federal government.

The plea, which was filed earlier this month, had stated that WhatsApp modified its privateness coverage in an arbitrary method and had even made it obligatory for its users to just accept its phrases and situations, failing which the accounts and providers can be terminated after February 8, 2021 for the respective consumer.

Later, on January 16, WhatsApp took to micro-blogging website Twitter to make clear that, “No one will have their account suspended or deleted on February 8 and we’ll be moving back our business plans until after May”.

Mr. Lal’s plea sought path to challenge pointers to make sure such change in privateness coverage by WhatsApp had been carried out strictly in accordance with the fitting assured in the Constitution.

“WhatsApp has made a mockery out of our fundamental right to privacy while discharging a public function in India, besides jeopardising the national security of the country by sharing, transmitting and storing the users data in some another country and that data, in turn, will be governed by the laws of that foreign country,” the petition stated.