India Demands WhatsApp Withdraw New Privacy Policy

India has requested that WhatsApp reconsider its scheduled privacy policy update, creating a challenge for the Facebook-owned platform, which considers the South Asian country its largest user base.

The nation’s IT ministry communicated its concerns to WhatsApp’s Will Cathcart via email, stating that the forthcoming changes to the app’s data-sharing practices raise “serious issues concerning the options and self-determination of Indian citizens… Consequently, we request that you retract the proposed modifications.”

The ministry is also requesting further details regarding WhatsApp’s data-sharing arrangement with Facebook and other businesses, and has inquired as to why users in the European Union are excluded from the new privacy policy while Indian users are required to accept it.

“This unequal treatment is detrimental to the interests of Indian users and is a matter of significant concern for the government,” the ministry stated in the email, a copy of which was reviewed by TechCrunch. “The Indian government has a fundamental duty to protect the interests of its citizens and, therefore, requests a response to the issues outlined in this letter.”

Earlier this month, WhatsApp informed users through an in-app notification that they must agree to revised terms and conditions allowing the app to share certain personal data, such as phone numbers and location, with Facebook. Users were originally given until February 8th to accept the new policy to continue using the service.

“This ‘take it or leave it’ approach removes any genuine choice for Indian users. This tactic utilizes WhatsApp’s widespread use to compel users into an agreement that could potentially violate their rights regarding informational privacy and data security,” the ministry explained in the email.

The WhatsApp notification caused considerable confusion – and, in many instances, dissatisfaction – among its user base, leading many to explore alternative messaging applications like Telegram and Signal in recent weeks.

In a statement released on Tuesday, a WhatsApp representative said, “We want to reiterate that this update does not broaden our capacity to share data with Facebook. Our objective is to enhance transparency and offer new options for interacting with businesses to better serve their customers and facilitate growth. WhatsApp will consistently safeguard personal messages with end-to-end encryption, ensuring that neither WhatsApp nor Facebook can access their content. We are dedicated to addressing misinformation and remain available to answer any questions.”

WhatsApp, acquired by Facebook for $19 billion in 2014, has been sharing some limited user information with the social media company since 2016 – and previously allowed users to opt-out of this practice. In response to the criticism last week, the Facebook-owned app, which has over 2 billion users globally, announced it was postponing the enforcement of the planned policy until May 15.

Last week, WhatsApp also published advertisements on the front pages of several Indian newspapers to clarify the changes and dispel some circulating rumors.

New Delhi also expressed dissatisfaction with the timing of this update, which WhatsApp initially announced last year. The ministry noted that it was currently reviewing the Personal Data Protection Bill, a comprehensive privacy law intended to regulate how user data is shared internationally.

“Given that Parliament is currently considering this matter, implementing such a significant change for Indian users at this time is premature. As the Personal Data Protection Bill strongly emphasizes the principle of ‘purpose limitation,’ these changes could create substantial implementation challenges for WhatsApp if the Bill becomes law,” the letter stated.

On Tuesday, India’s IT and Law Minister Ravi Shankar Prasad also issued a strong statement to Facebook. “Whether it’s WhatsApp, Facebook, or any digital platform, you are welcome to conduct business in India, but you must do so without infringing upon the rights of Indian citizens who use these services.”