Whatsapp Obtaining 'Trick Consent' On 2021 Privacy Policy’: Centre To Delhi HC

What is the case

• The Central Government has notified the Delhi High Court in an extra counter document filed in the lawsuit against WhatsApp's new privacy policy of 2021 that WhatsApp is seeking "trick consent" from its users to adopt its contested privacy policy of 2021.
• This is accomplished, according to the centre, by "pushing notifications" to users on the same. The government has asked for an injunction to prevent WhatsApp from delivering such push alerts to its users.
• Users who have not accepted the 2021 policy are being bombarded with such notifications on a regular basis, according to the government, with the overarching goal of converting the entire existing user base to the policy before the enactment of the Personal Data Protection (PDP) Bill, which will be the prevailing law on the subject.
• "Respondent No. 2 (WhatsApp) has unleashed its digital capabilities on unwary existing users and wishes to compel them to accept the modified 2021 privacy policy by flashing such alerts at regular intervals."

Details

• "The game plan is extremely apparent," the document read, "to move the entire existing user base committed to updated 2021 privacy policy before the Personal Data Protection (PDP) Bill becomes law."
• The Court was also informed by the Central government that the Competition Commission of India (CCI) has made a prima facie opinion that WhatsApp has violated Section 4 of the Competition Act, 2002. The document also claims that when the CCI's decision was challenged, it was upheld by a Single-Judge bench of the Delhi High Court.
• "The deferral of the privacy policy beyond 15th May 2021 does not absolve WhatsApp from respecting the values of informational privacy, data security, and user choice for Indian users," the affidavit says, referring to a communication sent by the Centre to WhatsApp on May 18 regarding the deferral of the roll-out of the privacy policy beyond May 15.
• The changes to the Privacy policy, as well as the way in which they were implemented, particularly in the FAQ, jeopardise these sacred values and threaten Indian individuals' rights and interests.
• Many Indian individuals, as you are undoubtedly aware, rely on WhatsApp to interact in their daily lives. WhatsApp's exploitation of this position to impose unreasonable terms and conditions on Indian users, particularly those that discriminate against Indian users in comparison to users in Europe, is not just troublesome, but also irresponsible."

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