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KEY TAKEAWAYS

  • The Competition Commission of India (CCI) has taken suo moto cognizance in the matter of the new WhatsApp privacy policy.
  • The CCI has asked the Director-General (DG) which is an investigation arm of CCI to make a detailed investigation into the matter.
  • According to the CCI, a probe is necessary into the matter to ascertain the scope, extent and impact of data sharing without the voluntary consent of the users.

BACKGROUND DETAILS

  • WhatsApp had introduced a new privacy policy and terms of service on January 4 and notified its users through notification from the app that either they need to agree to the new privacy policy by February 8 or lose their accounts.
  • This new privacy policy required WhatsApp users to share their chat data, payments and transaction information with business accounts, parent company Facebook and any third parties related to it.
  • However, after backlash and criticism from users the company had to postpone the privacy update to May 15 instead of February 8.

FURTHER DETAILS

• The CCI after going through media reports about the new privacy policy of WhatsApp and the potential impact on the users and the market decided to take suo moto cognizance in the matter.
• The CCI has asked the Director-General to initiate a probe into the matter and submit a report within 60 days.
• The CCI which is a fair trade regulator of the country has noted the following regarding the new WhatsApp policy

  • It noted that the new terms and policy of the app require its users to mandatorily accept all the terms which include data sharing with other Facebook companies.
  • It also noted that the app does not provide actual data cost which users incurred for using WhatsApp services due to vagueness and incomplete disclosures.
  • The commission is of view that the new terms and policy of the app requires investigation to ascertain the market power and position enjoyed by WhatsApp due to its ‘take it or leave it' nature forced upon the users.

• While according to submissions made by WhatsApp it states that the update shall not share the user data with Facebook rather this update will provide its users more transparency on how data is collected, used and shared by WhatsApp.

CONCLUSION

A few years back Facebook, the parent company of WhatsApp was accused of data leak of its users and now again the new privacy policy of WhatsApp though asks permission of the users but with a disclaimer that if it does not accepts the same, they shall lose their accounts leaving users with no other option but to accept it.

The Indian users can just hope that the CCI protects their privacy by not just initiating a probe but further if necessary take strict action against such companies. As privacy is a matter of right.

Would you give up your privacy to remain a WhatsApp user or switch to another app? Let us know in the comments section below!

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