WhatsApp gaining consent by ‘trick’: Govt

The affidavit came on a hearing of several pleas challenging WhatsApp’s new privacy policy, which, according to the firm, has come into effect from May 15.

The Union government on Thursday told the Delhi High Court that WhatsApp has “unleashed its digital prowess” by obtaining “trick consent” from its users with notifications asking them to accept the new terms

The government also told the court about WhatsApp’s “game plan” to get the users to accept its updated privacy policy before India’s Personal Data Protection (PDP) Bill becomes a law. (REUTERS)

The government also told the court about WhatsApp’s “game plan” to get the users to accept its updated privacy policy before India’s Personal Data Protection (PDP) Bill becomes a law.

In the plea before the court, the government sought that WhatsApp be “desisted” from any action of “pushing notifications” related to its updated 2021 privacy policy. It also sought directions to WhatsApp to place on record the number of times such notifications were being pushed every day basis, and its conversion rate (notification to acceptance of the updated 2021 privacy policy by users).

The affidavit came on a hearing of several pleas challenging WhatsApp’s new privacy policy, which, according to the firm, has come into effect from May 15. The matter was not heard on Thursday as the bench of chief justice DN Patel and justice Jyoti Singh did not assemble.

“WhatsApp is indulging in anti-user practices by obtaining ‘trick consent’ from the users for its updated privacy policy. It is submitted that millions of WhatsApp existing users, those who have not accepted the updated 2021 privacy policy are being bombarded with notifications on everyday basis,” the Centre said in the affidavit.

“WhatsApp has unleashed its digital prowess to the unsuspecting existing users and would like to force them to accept the updated privacy policy by flashing such notifications at a regular interval. The game plan is very clear, i.e., to transfer the entire existing user base committed to updated 2021 privacy policy before the PDP Bill becomes the law,” the affidavit added.

The company pushed back the deadline for its contentious new privacy policy launched this January. The updated policy will allow WhatsApp to share data about users’ interactions with business accounts with its parent company, Facebook.

The social media intermediary is also at loggerheads with the government over the implementation of new IT rules, and has challenged them in the High Court on the grounds that it makes them identify the first originator of all information.

It has claimed that the provision of “traceability” in the new IT Rules is a violation of the Right to Privacy, according to Indian law.

WhatsApp, in a May 17 hearing on pleas challenging its privacy policy, told the Delhi High Court that it may delete user accounts for not accepting new privacy policy, but would do it in a phased manner by gradually restricting services while persuading users to come on board.