India directs WhatsApp to take back its new privacy policy

The Ministry of Electronics and Information Technology (MeitY) has once again directed WhatsApp to take back its new Privacy Policy and sent a letter on May 18 telling the Facebook-owned company to withdraw its privacy policy.

Government has given seven days’ time to WhatsApp to respond to its notice and if no satisfactory response is received, necessary steps in consonance with law will be taken, sources indicated.

WhatsApp had earlier claimed that it officially deferred its new Privacy Policy beyond 15 May. However, the Ministry in its communication stated that deferral of the privacy policy beyond May 15 does not absolve WhatsApp from respecting the values of informational privacy, data security and user choice for Indian users, sources stated.

The Ministry has also taken the same stand in the Delhi High Court, where this matter is sub-judice, an official stated.

Taking up the issue of discriminatory treatment to Indian users vis-à-vis users in Europe, the Ministry wrote that, “As you are doubtlessly aware, many Indian citizens depend on WhatsApp to communicate in everyday life. It is not just problematic, but also irresponsible, for WhatsApp to leverage this position to impose unfair terms and conditions on Indian users, particularly those that discriminate against Indian users vis-à-vis users in Europe.”

MeitY in its communication has also drawn attention of WhatsApp as to how its new Privacy Policy is a violation of several provisions of the existing Indian laws and rules.

“In fulfilment of its sovereign responsibility to protect the rights and interests of Indian citizens, the government of India will consider various options available to it under laws in India,” the letter indicated.