Popular messaging platform WhatsApp is facing a legal challenge in India as a plea has been moved before the Delhi High Court challenging the Facebook-owned company's updated privacy policy. The petition has been filed by a lawyer named Chaitanya Rohilla, who claims that the policy absolutely violates the Right to Privacy guaranteed under Part III of the Constitution of India.
The new policy "virtually gives a 360-degree profile into a person's online activity", without any "government oversight", Bar and Bench reported citing the petition. The updated privacy policy "takes away the choice" of a user to not share their data with other Facebook-owned apps and third-party apps, the petition alleges. In addition, the plea also pointed out that there was no clarity on the extent to which data will be shared and what will be done with the sensitive data of users.
"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 other country and that data, in turn, will be governed by the laws of that foreign country," the petition reads.
Referring to WhatsApp's stance that users can stop using the app if they do not agree with the updated privacy policies, the petition said: "This type of arbitrary behaviour and browbeating can not be accepted in a democracy and is completely ultra vires and against the fundamental rights as enshrined in the Constitution Of India."
The petitioner has also sought a direction to the Central government to lay down guidelines in exercise of its powers under the Information Technology Act and Constitution of India to ensure that WhatsApp does not share any user data with any third party, including Facebook.
WhatsApp has been at the receiving end after it updated its data-sharing policy around how it processes user data and partners with Facebook to offer integrations across the social media giant's products. WhatsApp had informed users about the changes in its terms of service and public policy, through an in-app notification last week. Users have till February 8 to agree to the new terms in order to continue using the platform.
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This led to a user backlash and triggered memes on the internet over WhatsApp's alleged sharing of user information with Facebook. Many users have also started shifting to rival platforms, and apps like Telegram and Signal have seen millions of downloads globally in the immediate aftermath of the event.
However, WhatsApp later clarified that the policy update does not affect the privacy of messages with friends or family in any way. "We're not keeping logs of who everyone in India is texting or calling. We do not share your contacts with Facebook or the other apps Facebook offers.... You can download your account information right from WhatsApp to see for yourself the limited data we collect," WhatsApp Global Head Will Cathcart recently told the media.
