Asked WhatsApp To Review 2021 Privacy Policy': IT Ministry Informs Parliament

"In line with increasing number of internet users, mobile apps and new evolving technology, the practice of collection of personal data by such apps and websites is also increasing. Ministry of Electronics and Information Technology (MeitY) regularly interacts with social media platforms to make them more responsive. MeitY recently has asked WhatsApp to review the proposed privacy policy changes and also to explain the rationale of the same."

Whatsapp updated its privacy policy on January 4, 2021 and made it compulsory for Indian users to accept its terms and conditions, failing which the accounts and services would be terminated.

The terms of the new privacy policy caused widespread concerns as users apprehended that they indicated a deeper sharing of personal data by the messenger service with its parent company Facebook.

Several petitions have also been filed in the Supreme Court and the Delhi High Court raising these concerns. For instance, a plea filed by Confederation of All India Traders in the Apex Court seeks direction to Union Government to take all necessary steps / actions to safeguard and secure the privacy of citizens and national security by ensuring that mobile application providers such as whatsapp and other internet based messaging services do not compromise, share and/or exploit the information and data including messages, audio, video and other information of users in any manner whatsoever.

Also Read: "Highly Invasive": Internet Freedom Foundation Moves Supreme Court Against WhatsApp's Updated Privacy Policy

The Delhi High Court has issued notice to Whatsapp seeking its response on a petition challenging the policy on its data sharing arrangement with Facebook and its mandatory imposition in India.

Meanwhile, the Central Government has informed that social media platforms including WhatsApp and Facebook have to observe due diligence prescribed by the Information Technology (Intermediaries Guidelines) Rules, 2011.

It also said, "Section 43A of the Information Technology (IT) Act, 2000 provides for safeguards for sensitive personal information collected by a body corporate. Further, section 72A of the IT Act provides for punishment for disclosure of information in breach of the lawful contract."

Significantly, the Personal Data Protection Bill, 2019, which provides for safeguards of privacy and interests of the Indian citizens is pending in the Parliament. Presently, it is under consideration of the Joint Parliamentary Committee formed by Lok Sabha.

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