Friends, the issue of WhatsApp has once again come under discussion. This time the last date WhatsApp has given to accept its new privacy policy is 15 May 2021.
But this time the initiative to stop WhatsApp has been done by the Government of India. Government of India has filed a case against WhatsApp in Delhi High Court.
Earlier this year, a notification of WhatsApp was coming on our mobile, in which time was given till 8 February 2021 to accept the new privacy policy. In this notification, friends, users were not given any option. Either you have to accept policies or your WhatsApp account will be deactivated.
At that time, the users strongly opposed it and the download of many alternate messaging apps suddenly increased. eg Signal, Telegram
WhatsApp also tried to handle public outrage at that time through a lot of publicity campaigns. But when the matter could not be made, he postpone the date.
This time notifications float happening with the last date of 15 May. The thing to note here is that WhatsApp has not made any change in the policies.
So this time the government is also in attacking mode. Friends, I would like to tell you here that the number of WhatsApp users in our country is 54 crores. That is, 40% of the population is using WhatsApp. If seen, WhatsApp has a large user base in India, yet it is not as favorable towards Indian users as it is seen in European countries.
In the application file that the Government of India has filed in the court, it has been said that WhatsApp is violating five such provisions of our Information Technology Intermediary Guidelines Rules 2011 which undermine the privacy of users.
Today we will know what these five provisions that are being violated by WhatsApp are and what can be its effect on us. This information becomes necessary for us because in this era of social media our awareness is our biggest safeguard. Otherwise we can get into some big trouble anytime.
Government of India has recently filed a petition in the Delhi High Court urging that WhatsApp should be restricted from forcibly imposing its new privacy policy on the users. For this, let us understand the plea laid by the Ministry of Electronics & Information Technology.
The Supreme Court has told the Central Government in one of its judgments that a complete elaborative law should be made regarding data privacy. So the government wants that WhatsApp should be restricted from changing its privacy policy till we bring this new Data Privacy Act. When the new law comes into force, any corporate should make its changes accordingly.
Government has written in the petition that WhatsApp is violating five such provisions of our Information Technology Intermediary Guidelines Rules 2011 which undermine the privacy of users.
Let’s understand the point of these five violations.
No Specific Information about Personal or Sensitive Personal Data Collected
The first violation here is of clause 4 (i) (ii) of the IT rules 2011. According to this clause, when any company or intermediary collects the data of the users, stores and handles it, then it has to mention very clearly on its website that which all personal information and sensitive personal information is being collected. WhatsApp does not clear anything like this.
Friends, you know that whenever we download an App, it takes permission to access a lot of our data, and we click buttons like OK / I Agree without knowing anything. We get a feeling of achievement if the App successfully activates.. We do not even know what all our data this app is taking and what it is using.
Now for example, understand that there is a Food Ordering App, it takes access to your location, so it makes sense. But what is the purpose to get that access in your contact list or in your gallery, I do not understand it at all. Even then, you should get the option for, whether you want to give permission for the location or not,.
So according to this clause 4 (i) (ii), according to which the user should have full knowledge about which data is being taken by any App.
Purpose for Collecting Data is Not Disclosed
The second violation that has been stated is that of clause 5 (3) of the IT rules 2011. According to this, whenever a company or intermediary collects a user’s data, it has to tell the user where and how it is going to use this data. WhatsApp does not clear anything like this.
Friends, our data is our asset, and it is objectionable if anyone uses it without our permission or our knowledge. Let us understand from an example, if we want to take the services of a plumber, then he must be give permission to enter the house, but we do not give him permission to use our household goods. If he needs drinking water or chair / stool, then he takes permission separately.
No Permission to Review or Amend Information
The third biggest mess that is happening is that of violation of clause 5 (6) of IT rules 201. According to this clause whenever a company or intermediary collects the data of a user, then it should give option to the user as to which information he wants to allow and which he does not want to give. The user should also have the facility that they can review or amend the information given by them, WhatsApp does not provide any such facility to the user.
WhatsApp has not given such an option to the users in its privacy policy. Suppose, there is a list of 10 types of data to which permission is to be decided, then the user is given no option to choose that to data he wants to permit and which he wants to deny. Some permissions can be genuine, such as the permission of the contact list to WhatsApp or if you want to make a video call, then the permission of the camera makes sense. But to take permission of ten more types of data with it is a complete fraud.
If you talk about changing your profile or settings, then you can change some basic things like name, number, profile pic, but there is no permission to change in depth settings.
Government of India is trying to stop this fraud.
No Facility to Give Selective Permissions
The fourth case of violation cited is that of clause 5 (7) of IT rules 2011, according to which, when the user has given any permission regarding his data to a company or intermediary and withdraws that permission after some time. So WhatsApp stops collecting new information, but whether or not it deletes the information collected earlier, WhatsApp’s policies are silent on this. Whereas withdrawal of permission should be effective from retrospective date i.e. from old date.
It fails to guarantee data violation by third party.
And here is the fifth objection that the government has registered. It is of violation of clause 6 (4) of the IT rules 2011. That is to say, when a company or intermediary shares a user’s data with a third party, it is their duty to ensure that the third party will not misuse that data or pass on further. WhatsApp has failed to do so.
Brother, let us understand with an example. I gave my scooter to a friend of mine for his use and he lends it further for money. If I do not tolerate such actions of a friend, how can I allow WhatsApp to do so?
The next hearing of this case is on 20 April 2021. Let’s see what the High Court takes stands on this. I will keep you updated on this whole matter.
Friends, my purpose behind all this discussion is that while using social media, you too can use it with awareness, and if you find this information useful, then share it with the people around you.
Thank you.
