IT Ministry asks WhatsApp to withdraw its new privacy policy

The Ministry of Electronics and Information Technology (MeitY) has once again asked WhatsApp to withdraw its new privacy policy, which has led to significant controversy since the messaging service first announced it in December of last year.

On Tuesday, as per the sources, in a communication sent to WhatsApp, the ministry asked the Facebook-owned firm to withdraw the update of its new privacy policy. However, saying how to introduce these changes, including the frequently asked questions, undermines the exalted values of informational privacy data security and user choice for Indians and harms the rights and interests of Indian citizens.

The ministry has taken the same position in the Delhi High Court, where the matter is sub-judicial. MeitY has given WhatsApp seven days to respond to its letter, saying that "if a satisfactory response is not received, the necessary measures will be taken in line with the law." The government had also asked WhatsApp to withdraw its new privacy policy in January, arguing that the proposed changes "make invasive and accurate inferences about users." WhatsApp had previously set a February 8 deadline for these changes but had postponed it to May 15 after a backlash and severe privacy concerns over user data shared with Facebook.

Earlier, in an update to its FAQ page, WhatsApp said it would give everyone the time to review and accept changes to its privacy policy. However, WhatsApp maintains that it is not doing anything new. In an affidavit filed with the Delhi High Court on Friday, the messaging platform said the privacy policy update would not affect the privacy of users' personal messages in any way.

Aa per the legal portal LiveLaw, it also said that companies like Google, Microsoft, Zoom, Zomato, Republic World, Ola Cabs, True caller, Big Basket, Koo and public sector entities such as Aarogya Setu, Bhim, Air India, Sandes, Government and -Marketplace (GeM), Indian Railway Catering and Tourism Corporation (IRCTC), also have similar policies.

"We continue to engage with the government, and we reaffirm what we said before. This update does not impact the privacy of personal messages for anyone. Our goal is to provide information about new options we are building that people will have in the future. While most users who have received the new ter­ms of service have accepted them, we appreciate some people haven't had the chance to do so yet. No accounts were deleted on May 15 because of this update, and no one in India lost the functionality of WhatsApp. We will follow up with reminders to people over the next several weeks," said a spokesperson for WhatsApp.

Germany has banned the update for privacy reasons, and the company has not enforced it domestically. MeitY has also pointed out this "discriminatory treatment" in its communication to WhatsApp.

"As you are doubtlessly aware, many Indian citizens depend on WhatsApp to communicate in everyday life. It is not just problematic, but also irresponsible, for WhatsApp to leverage this position to impose unfair terms and conditions on Indian users, particularly those that discriminate against Indian users vis-à-vis users in Europe," the ministry said.

It was also learned that MeitY told WhatsApp that its privacy policy violates various provisions of existing Indian laws and rules.