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WhatsApp new privacy policy challenged in Delhi High Court, asks Govt to intervene

The petitioner has urged the HC to issue an injunction order, restraining Whatsapp from enforcing the updated privacy policy, with immediate effect.

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WhatsApp new privacy policy has been challenged in Delhi High Court. A writ petition has been filed in the Delhi High Court challenging the new privacy policy introduced by instant messaging app, WhatsApp, as being violative of the citizens' Right to Privacy and threatening the National Security of India.

The petition demands the High Court to stop the new policy of WhatsApp with immediate effect. The petition has been filed by Advocate Chaitanya Rohilla, stating that the updated policy gives the Company virtually a 360-degree profile into a per person's online activity, as reported by LiveLaw.

"This level of insight into a person's private and personal activities is done without any government oversight at present or regulatory supervision. Moreover, in the absence of a data protection authority, it leaves the users with a company's own assurances and privacy policies," the plea states.

The petitioner has urged the High Court to issue an injunction order, restraining Whatsapp from enforcing the updated privacy policy, with immediate effect. He has also sought guidelines/ directions to ensure that any change in privacy policy by WhatsApp is carried out strictly in accordance with the Fundamental Rights.

The petitioner has also sought a direction upon the Central Government to exercise of its powers under Section 79 (2) (c) read with Section 87 (2) (zg) of the Information Technology Act and ensure that WhatsApp does not share any data of its users with any third party or Facebook and its companies for any purpose whatsoever.

On the other hand, the Confederation of All India Traders (CAIT) has asked that the Indian government should either restrict WhatsApp from implementing the new privacy policy on ban WhatsApp and Facebook in India.

WhatsApp has issued a clarification stating that, "your privacy won't be affected if you don’t use the two optional features". However, it has mentioned that any chats with businesses will be shared with Facebook and ads will be shown based on these chats.

WhatsApp updated its privacy policy on January 4, 2021 and made it compulsory for its users to accept its terms and conditions, failing which the accounts and services would be terminated after February 8, 2021 for the respective user.

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