WhatsApp LLC, the messaging platform, filed an affidavit before the Delhi High Court claiming that its new privacy policy updated earlier this year does not intervene in the privacy of its users’ personal data and that accepted that the policy was not “mandatory”, Live Law reported.
In the affidavit, the messaging platform stated that it was allowing users to choose whether or not they want to accept the new policy and they can also choose to leave the platform, uninstall or delete the app.
Hosted by Facebook Inc, Whatsapp LLC had introduced a privacy policy in January, which was initially supposed to be implemented from May irrespective of the user’s opinion. Unlike its previous privacy policy implemented in July 2020, the new policy had not given the user an option to opt for any kind of personal data sharing.
On January 4, WhatsApp sent notifications to users stating the new terms of service and privacy policies. Soon after, it faced backlash across the world and petitions were filed in India challenging the new policy over the lack of transparency in sharing of personal data with the parent company Facebook Inc.
The Competition Commission of India (CCI), the country’s competition watchdog on March 24 ordered a detailed probe into the new privacy policy of the messaging application WhatsApp LLC.
According to the CCI, in the previous policy updates, the users enjoyed a level of control over sharing their personal data with Facebook with an “opt-out” provision that was available for 30 days which has not been made available with the new updated privacy policy.
“Thus, users are required to accept the unilaterally dictated ‘take-it-or-leave-it’ terms by a dominant messaging platform in their entirety, including the data sharing provisions therein, if they wish to avail their service,” the CCI said.
The Centre had then restrained WhatsApp from implementing its updated privacy policy and sought responses from both WhatsApp and Facebook.
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The affidavit submitted in response to the plea stated that WhatsApp LLC was neither under any legal obligation to provide such “opt-outs” nor to provide services to users who do not consent to their terms and conditions.
Further, WhatsApp stated that they have a similar privacy policy as that of the private companies including Zomato, Ola Cabs, Google, Microsoft, Zoom, Republic World, True Caller, Big Basket, Koo and public companies including Aarogya Setu, iRCTC, Bhim, Sandes, Government e-Marketplace, Air India.
Stating that they provide users with a “clear and accessible statement” of WhatsApp’s data practices, the messaging platform claimed that they allow users to make decisions based on an informed choice on whether or not they agree to the 2021 update. Not accepting which will lead to restricted functions within the app.