WhatsApp problems in India continue: court dismisses case

WhatsApp problems in India continue: court dismisses case
In what is seen as a major setback for WhatsApp, the Delhi High Court dismissed claims by WhatsApp and Facebook challenging the Competition Commission of India's (TCC) order of an investigation into the company's controversial new privacy policy. messaging app. Facebook and WhatsApp had mobilized the High Court against the ICC order calling for an investigation by the Chief Executive Officer (CEO) to determine the scope, scope and impact of data sharing through the involuntary consent of users. WhatsApp and Facebook had argued that since the issue of their privacy policy was before the Supreme Court, the ICC did not need to order the investigation. Dealing a blow to Facebook and WhatsApp, the court said the ICC's investigation order could not be revoked simply because it did not await the outcome of the cases pending before the Supreme Court and Supreme Court.

ICC vs. WhatsApp

India's fair trade regulator ICC learned of WhatsApp's controversial new privacy policy and user terms of service in March. ICC said that under WhatsApp's previous privacy policies, existing users had the option to choose whether they wanted to share their WhatsApp data with Facebook. However, the new policy suggests that users have no choice and will have to agree to all of the terms, including with respect to sharing their data across all categories of information with other Facebook companies. "The Commission is of the prima facie opinion that the 'take it or leave it' nature of the WhatsApp Privacy Policy and Terms of Service and the information sharing provisions referred to warrant further investigation at the light of the market position and market power that WhatsApp enjoys”, the ICC said. data through voluntary consent, and not as a prerequisite to take advantage of WhatsApp services."

Double blow against WhatsApp

It's not just the ICC, which is against WhatsApp's privacy policy shenanigans. The Department of Electronics and Information Technology has also said that WhatsApp's privacy policy violates the Information Technology Rules 2011 (IT Rules, 2011) and should be prevented from being enforced. It operates the policy until the court decides its validity under Indian law. The government is separately fighting in court against the new implementation of WhatsApp's privacy policy. The court reserved judgment in the case. It should be remembered that last February WhatsApp drew up a plan for a new policy for its users, which allows its parent company Facebook better access to user metadata (eg location, contacts). But in the face of mass outrage, WhatsApp has postponed its implementation until May 15. For what it's worth, its CEO Will Cathcart had also said that his company had raised its traceability concerns with the Indian government and would continue to do so in the hope of finding "encryption-free" solutions. But faced with the double whammy of the government's court case and the ICC investigation, WhatsApp and Facebook appear to have little room for manoeuvre.