SC Asks WhatsApp To Publicise 2021 Undertaking To Govt

The Supreme Court has directed Meta-owned messaging platform WhatsApp to publicise its undertaking given to the government regarding its contentious privacy policy. As per the undertaking, Indian users are not bound to accept the company’s privacy policy.

A five judge bench headed by Justice KM Joseph has reportedly asked WhatsApp to publish the advertisement in five newspapers.

“We further direct that WhatsApp will give publicity of this aspect for the customers of WhatsApp by giving the advertisements in five leading newspapers two times over the next one month. The advertisements will necessarily incorporate the stand taken in its May 2021 letter to the government,” the order said.

Although WhatsApp and its parent company Meta agreed to issue advertisements, the companies also mentioned that users who want to use both WhatsApp and Facebook cannot shake off advertisements.

While WhatsApp in its letter to the central government in May 2021 said that it will not limit the functionality of WhatsApp for the users who are yet to accept the new privacy policy, the bench asked the company to comply with the terms of the letter until the next hearing. The next hearing will be on April 11.

The bench did not issue any directive for existing WhatsApp users who have already opted to share some data as the matter needs extensive deliberation owing to involvement of various aspects.

WhatsApp published its contentious privacy policy in 2021 which stated that it will share more user data with parent company Facebook, particularly related to business transactions on WhatsApp, other activity as well as device-level information from users.

It also said users who would not accept the amended privacy policy, would no longer be able to access WhatsApp chats or groups. It stirred huge controversy in India.

Following the development, two individuals challenged the contract that entered between WhatsApp and Meta to provide access to calls, photographs, texts, videos, and documents shared by users and the petitioners contended that it is a violation of their privacy and free speech.

As the government is focussing more and more on data privacy, the government in November published the long-awaited draft Digital Personal Data Protection Bill, 2022. The Bill has narrowed down its scope to focus on personal data, rather than regulating the use of non-personal data.

In case of non-compliance with the provisions of the Bill, a penalty of up to INR 500 Cr may be imposed on entities managing data. The government has also proposed to form a Data Protection Board of India (Board) to determine non-compliance with provisions of the act and impose penalties.