WhatsApp obtaining trick consent: Centre tells HC

June 03, 2021 12:01

The Centre in a fresh affidavit on Thursday, told the Delhi High Court that the messaging app WhatsApp is indulging in 'anti-users practices' by obtaining 'trick consent' for its updated privacy policy.

The Centre submitted before Delhi HC that WhatsApp has 'unleashed its digital prowess' to unsuspecting users and wanted to force them to accept the updated 2021 privacy policy by flashing the notification at regular intervals. The game plan is very clear, the Centre said, adding that Whatsapp intended to transfer its entire existing user base committed to the updated privacy policy before the Personal Data Protection (PDP) Bill becomes the law.

The Centre also submitted that the current notification, as being pushed by WhatsApp on its users, whether existing or new, is 'against the very grain of prima facie opinion of the Competition Commission of India's order dated 24/03/2021'.

The Centre has urged the Delhi High Court to issue interim direction to WhatsApp to desist from any action of 'pushing notifications' onto existing users related to the updated privacy policy and to place on record the number of times such notifications, as on date, are being pushed on an everyday basis.

It has also asked Whatsapp to place on record the conversion rate, i.e. notification to acceptance of the privacy policy.The response of the Centre came after several petitions were filed against WhatsApp's updated privacy policy.

One of was filed by Dr Seema Singh, Meghan and Vikram Singh seeking directions to the Union of India to order Whatsapp Inc to either roll back their policy or provide an option to opt out of the January 4 privacy policy.

In its reply, WhatsApp said that the messaging app was not forcing anyone to accept the update and its privacy policy is not mandatory.In a fresh affidavit, WhatsApp said that the 2021 update is a contract between private parties that users are free to accept or reject.

Accordingly, WhatsApp submitted that the petitioner's attempt to invoke writ jurisdiction under Article 226 of the Constitution of India to challenge the 2021 Update - a private contract - is impermissible and abuse of writ jurisdiction. WhatsApp has urged the Delhi High Court to dismiss the petition challenging its updated privacy policy.

The concerned bench did not assemble on Thursday and the matter was adjourned for July 22 for further hearing.

« Back to LIVE

TOP STORIES

Former PM Dr Manmohan Singh passes away at 92

Former Indian Prime Minister Manmohan Singh passed away on Thursday night at the age of 92. He was brought to the emergency department of AIIMS Delhi in critical condition after "sudden loss of consciousness."

4th Test Updates: India eye early wickets on Day 2

Manmohan Singh dropped pre-medical course: Book

Former Indian Prime Minister Manmohan Singh, who died at the age of 92, dropped out of a pre-medical course after losing interest in the subject, according to a book by his daughter. Daman Singh's book "Strictly Personal: Manmohan and...

Steady progress in implementing LAC pact: China

He said that in recent times, based on the important consensus reached by the leaders of the two countries, China and India have maintained close communication on the border situation through diplomatic and military channels and achieved...

BJP got Rs 2,600cr donations in 2023-24, Cong Rs 281cr

During 2023-24, while the BJP received over Rs 723 crore worth of donations from Prudent Electoral Trust, it also got over Rs 127 crore from Triumph Electoral Trust and over Rs 17 lakh from Einzigartig Electoral Trust.