RESTRAIN WHATSAPP FROM IMPLEMENTING ITS NEW PRIVACY POLICY - MEITY

22nd March 2021

The Ministry of Electronics and Information Technology urged the Delhi HC to restrain WhatsApp from implementing its new privacy policy and terms to take effect from 15th May. The Centre made this statement in its counter-affidavit to a petition challenging the new privacy policy.

The Petition filed by Dr Seema Singh, Meghan and Vikram Singh state that the new privacy policy of WhatsApp is violative of Article 21. The new policy mandates that the person either accept the new policy or lose access to WhatsApp.

The Centre, in its affidavit, also stated that WhatsApp's new privacy policy was not in tune with IT rules of 2011. As it fails to specify types of sensitive personal data being collected, fails to notify user details of the collection of personal information, fails to provide an option to amend the information and fails to guarantee further non-disclosure by a third party.

MeitY referring to the personal Data Protection Bill, 2019 submitted, "pending the passage of this Bill, the IT Act, 2000 and the Rules made thereunder forms the extant regime on data protection, any privacy policy issued by a 'body corporate' such as respondent No. 2 must comply with the requirements specified in the Act and the accompanying rules."

Author: Papiha Ghoshal

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