Under the new policy, users can either accept it or opt out of the app, but cannot choose to share their data with other Facebook-owned or third-party apps
The Center on Friday urged the Delhi High Court to stop Facebook-owned WhatsApp from implementing its new privacy policy and terms of service, which are scheduled to take effect from May 15.
The Ministry of Electronics and Information Technology made this statement in its affidavit filed in response to a petition challenging the new privacy policy of social networking WhatsApp.
The petitioners, Seema Singh, Meghan and Vikram Singh, have argued that the new privacy policy indicates a “fissure” in the Indian data protection and privacy laws.
Under the new policy, users can either accept it or exit the app, but they cannot choose to share their data with other Facebook-owned or third-number apps.
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A bench of Chief Justice DN Patel and Justice Jasmeet Singh listed the case for further hearing on April 20.
The Center stated in its affidavit, “It is humbly prayed that in view of the above presentations, respondent no. 2 (WhatsApp) may be prevented from enforcing its new privacy policy and terms of service from January 4, 2021. 8 , 2021 or any later date pending by this court. ”The affidavit further states that the IT rule hosts obligations on a company regarding the security of data collected by it during its business.
“Specifically, the regulations require a body corporate that collects, stores, or otherwise performs data to issue a privacy policy providing for certain security measures in addition to enforcing various security obligations . The enforced privacy policy violates the 2011 rules .. “.
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The Center said that the Supreme Court has placed a responsibility on the Center to introduce a rule on data security and privacy.
“The Union has discharged this obligation in the Lok Sabha by introducing the Personal Data Protection Bill, 2019. When enacted, this legislation will provide a strong regime on data protection, the ability of entities such as respondent no.2 to respond to the privacy policy Will limit. The affidavit filed through advocate Kirtiman Singh, which does not align with the appropriate standards of security and data security.
It also said that the passage of this bill, pending the Information Technology Act, 2000 and regulations became an extinction system on data protection, any privacy policy issued by a ‘body corporate’ such as the requirements specified in WhatsApp. must comply. Acts and accompanying rules.
The High Court had issued a notice to the Center and WhatsApp on 3 February and sought their responses to the petition challenging the social networking platform’s new privacy policy.
Another petition, filed in January, challenges WhatsApp’s new privacy policy on the grounds that it violates users’ right to privacy under the Constitution, pending before another bench of the High Court.
The petitioners have sought directions from the ministry and WhatsApp to ensure that those using the messaging app are given the option to opt to share their personal data with its parent firm Facebook and its other companies.
He has asked the Ministry for a guideline to frame guidelines, regulation or rules to protect the privacy of citizens from all apps and organizations operating in India that collect user data.
The petitioners, one of whom is a lawyer, stated in their petition that WhatsApp is changing its privacy policy from time to time and that users were always given the option to opt out of the same and were never denied access to the app. .
However, on 4 January, it came out with a new privacy policy that has been made mandatory for Indian users, who will be denied access to the app if they do not accept the new terms and conditions.
On the other hand, European users have the option to opt out of the policy and will not be denied access to the app if they do so.
It has sought a guideline for WhatsApp to withdraw its new policy or alternatively to provide users with an option, including the inclusion of those already consenting.
The petitioners have also sought a guideline from the government to formulate social media intermediary guidelines.
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