India Demands WhatsApp Withdraw New Privacy Policy

India Challenges WhatsApp's Privacy Policy Update

The government of India has voiced strong disapproval regarding WhatsApp’s recently revised privacy policy. The Ministry of Electronics and Information Technology (MeitY) has formally requested that the Facebook-owned messaging service retract the proposed changes.

Official Communication from MeitY

A letter dispatched by MeitY to WhatsApp on Tuesday, reviewed by TechCrunch, stipulates a seven-day timeframe for a “satisfactory” response. The ministry cautioned that a failure to comply will result in the implementation of legal recourse.

The communication emphasizes the government’s commitment to safeguarding the rights and interests of Indian citizens. It states that India will explore all available legal avenues to address the situation.

Ongoing Legal and Regulatory Scrutiny

This development coincides with an ongoing legal challenge initiated by the ministry in the Delhi High Court. Simultaneously, an antitrust investigation concerning the matter is being conducted within India, the world’s second-largest internet market.

Previous Concerns Raised

This isn't the initial instance of New Delhi formally addressing WhatsApp regarding the updated privacy terms. Earlier this year, a similar communication conveyed “grave concerns” about the planned update.

Delayed Implementation and Partial Relaxation

In response to widespread criticism from both governments and users, WhatsApp previously postponed the enforcement of the privacy update by three months, setting a new date of May 15. More recently, the deadline was further adjusted, although users are still required to accept the terms to access certain core functionalities.

A WhatsApp spokesperson previously indicated to TechCrunch that a significant majority of users presented with the updated privacy terms had accepted them.

India as a Key Market for WhatsApp

With a user base exceeding 450 million, India represents WhatsApp’s largest market globally.

Questioning Disparate Treatment

The ministry’s notice this week directly questions WhatsApp’s rationale for enforcing the new terms of service in India, particularly given the exemption granted to users within the European Union. This represents the first substantial update to WhatsApp’s terms in several years.

Data Sharing with Facebook

The revised privacy terms would allow WhatsApp to share certain user data – including phone numbers and location information – with its parent company, Facebook. WhatsApp has maintained that the privacy of individual communications remains unchanged.

Concerns Over Unfair Practices

“It is not just problematic, but also irresponsible, for WhatsApp to leverage this position to impose unfair terms and conditions on Indian users, particularly those that discriminate against Indian users vis-à-vis users in Europe,” the ministry asserted in its letter.

WhatsApp's Defense in Court

In response to a petition filed in the Delhi High Court earlier this month, WhatsApp argued that numerous Indian companies employ comparable data-sharing practices. The company cited examples such as Zomato, Ola, BigBasket, and Truecaller, highlighting their data policies.

WhatsApp identified these firms as examples of entities that also collect and share user data.