Confederation Of All India Traders (CAIT) Moves Apex Court Challenging The New Privacy Policy Of WhatsApp
(Judicial Quest News Network)
A petition has been filed in Supreme Court by Confederation of All India Traders (CAIT), which represents 70 million traders, challenging the updated privacy policy of Facebook-owned messaging giant WhatsApp.
The Petition is filed through Advocate Vivek Narayan Sharma.
The petition seeks issuance direction to Union Government to take all necessary steps/actions to safeguard and secure the privacy of citizens and national security by ensuring that mobile application providers such as WhatsApp and other internet-based messaging services do not compromise, share and/or exploit the information and data including messages, audio, video and other information of users in any manner whatsoever.
he presents Petition raises issues of grave concern for protecting the Privacy of users of “WhatsApp” which is an internet application providing internet messaging, voice calling & video calling service. WhatsApp is a zero-priced communication platform used for exchanging text messages; make audio calls; make video calls; share images; share video and audio clips; share all other types of data.
It is also submitted that in the present Global information revolution WhatsApp was launched in 2009 and WhatsApp had published – “So first of all, let’s set the record straight. We have not, we do not and we will not ever sell your personal information to anyone. Period. End of story. Hopefully this clears things up”. Riding on the basis of such privacy policy since its launch, WhatsApp has been growing substantially with a strong networks effect and currently has over 2 billion users worldwide and 400 million users in India. WhatsApp at the time of its launch had extensively promoted its privacy policy which did not allow of sharing of the users’ data with any other party.
The petitioner further contends that WhatsApp was launched in 2009 and WhatsApp had published – “So first of all, let’s set the record straight. We have not, we do not and we will not ever sell your personal information to anyone. Period. End of story. Hopefully this clears things up”. Riding on the basis of such privacy policy since its launch, WhatsApp has been growing substantially with a strong networks effect and currently has over 2 billion users worldwide and 400 million users in India. WhatsApp at the time of its launch had extensively promoted its privacy policy which did not allow of sharing of the users’ data with any other party.
National Security at Risk
impact citizens’ fundamental right of privacy and the same is also fundamentally opposed to their representation in the beginning, when people started to opt for using whatsapp on the basis of privacy policy. Today, high government officials like Ministers& Members of Parliament, Judges, Senior Bureaucrats, Defence Personnel and Crores of Traders and well-known Businessmen and so on use whatsapp for sharing confidential and personal information and the compromise in privacy policy would result in serious repercussions even for the National Security of India.
Third Party Benefit
It is also submitted that That due to this updated policy, the users will now have to compulsorily share all the information that WhatsApp collects, which includes information about the user’s activity on their services, like service-related, diagnostic, and performance information. This includes WhatsApp service settings; user-interactions; time, frequency and duration of activity; log files and diagnostic logs etc., the features the user uses like messaging, calling, status, groups, payments or business features; profile photo, ‘about’ information; whether the user is online, when the user last used the services; and when the user last updated his ‘about’ information. The data also includes device and connection-specific information like model, operating system, browser, IP address, phone number and device identifier. Besides, the updated privacy policy also specifies battery level, signal strength, app version. Additionally, content shared with business accounts could be made accessible to third-party service providers without the user’s consent.
Breach of the earlier policy promise
At a time when information is power, such services of various service providers in the communications industry are utilized by citizens to engage in private conversations and share private and confidential data & information and by businesses to discuss confidential matters which may also include trade secrets. All of this is shared on the assurance that their private and personal conversations along with their confidential data and information will neither be accessed by any other person (including the service provider itself) nor would such data or information be shared/ exploited or utilized by anyone in any manner whatsoever. Indeed, it is because of their assurance that the conversations, data and information shall remain protected and shall not be accessed or shared by anyone in any manner whatsoever- that the citizens are able to enjoy their fundamental right to free speech and expression in true letter and spirit. Thus, the technology giants who deal with such data must have a fiduciary duty to ensure that the information they so possess and collect from citizens and business must be safe and not used for their own commercial gains without the consent of the users. It is also the responsibility of the State to guarantee and ensure the protection of the personal and private data and information of the citizens.
Government Should Protect Citizen’s Fundamental Rights
The Petitioner submits that such arbitrary policies imposed by these so called technology giants needs to be immediately checked. Citizen’s personal data is being collected by a foreign entity and is being transferred outside the country. It is not only harmful to the integrity of citizens but is also extremely dangerous the security of the country. It is also the· responsibility of the State to guarantee and ensure the protection of the personal and private data and information of these millions of citizens, when they use such modes of communications to engage in conversations and exchange private and confidential data and information.
