WhatsApp Privacy Policy Comes into Effect : Issues and Challenges

Synopsis: Whatsapp’s new privacy policy came into effect from May 15, 2021. Whatsapp suggested users, who do not want to agree with their policy, should discontinue. It also claims that the new privacy policy is relevant to only the business version of the app, which is not satisfying.

Introduction

The senior advocates Kapil Sibal and Arvind Datar reached to the Delhi High Court against WhatsApp’s new privacy policy that came into effect from May 15, 2021.

WhatsApp defended its privacy policy in its affidavit to the Delhi High Court. It openly named Google, Microsoft, Zoom, Zomato, Republic World, and Public Companies such as Aarogya Setu, Bhim, Air India. It said that these apps have similar policies, depending on collecting user data.

What are the advantages of WhatsApp over other platforms?

• WhatsApp proposed that users who did not agree to its terms and conditions could stop using the app. Apps such as Signal and Telegram offer alternate dependable communication services.
• However, researchers working in rural and alienated sections have pointed out the dependence on WhatsApp. It is because of the design of the app and facilities.
• WhatsApp has an advantage with its messaging and audio-video calling even in low-bandwidth Internet areas. It also offers WhatsApp Pay which allows users to transfer money.

What are the issues with WhatsApp’s stand?

The Competition Commission of India observed that WhatsApp is abusing its dominant position. It seems relevant here due to the following reasons.

• Firstly, the claim that the new privacy policy is only for the business version of the app is not satisfying. Metadata, from the non-business versions, is already being exchanged with other services of Facebook.
• Secondly, people using WhatsApp for businesses will expect the services to be more secure than the normal version. Thus, there will be less privacy due to security-related features.
  • Now, less privacy increases the possibility that the exchange of important documents or ideas on the platform will be prone to be leaked. It can be either company or a third party.
  • It is also more likely because due to increasing competition, big companies either acquire or copy the innovative processes.
  • For example, the lessons learned from the United States v. Microsoft Corporation antitrust case from early 2000 would appear relevant in this context.
• Thirdly, issue of a potential violation of the privacy of children through Ed-Tech apps. It is due to the lack of complete ethics policy and a data privacy law like the European General Data Protection Regulation (GDPR).
• Lastly, the Personal Data Protection Bill of 2019 does not even attempt to provide a little protection to users for availing above-mentioned services.

The way forward

• The data protection Bill needs to be reformulated to make sure that it focuses on user rights with an emphasis on user privacy.
• A privacy commission should be established to enforce these rights. The government should respect the privacy of the citizens and strengthen the right to information. There is a central need for a strong data protection Bill.

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