Online Reporter
DEHLI. — A landmark legal battle over privacy, data control and the business model of big tech is playing out in India as WhatsApp’s 2021 privacy policy faces close scrutiny from the country’s top court.
At stake is not just WhatsApp’s policy, but broader questions over privacy rights, consumer choice and regulation of dominant online platforms.
WhatsApp is India’s most popular messaging app.
A few days ago, WhatsApp told the Supreme Court it would comply by March 16 with an order requiring it to give Indian users greater control over how their data is shared with its parent company, Meta.
In an affidavit, seen by the BBC, the messaging platform added that users could continue using the app even if they opted out of sharing data with Meta for advertising.
The move comes days after the court criticised WhatsApp’s 2021 privacy policy, warning that it would not allow WhatsApp or Meta to “play with” Indians’ right to privacy or “make a mockery” of the Constitution, which guarantees privacy as a fundamental right.
The remarks were made during open court hearings on WhatsApp’s January 2021 policy update, which required users to share data with Meta companies to keep using the app – a “take it or leave it” approach that India’s competition watchdog, the Competition Commission of India (CCI), said left users with “no real choice”.
The update drew criticism from users who said they felt compelled to accept terms they were uncomfortable with, noting it differed from the 2016 policy, which had allowed existing users to opt out of sharing data with Meta for advertising.
The policy has also been criticised by digital rights activists as invasive and a violation of user autonomy, while others argue that leveraging a platform’s popularity for advertising is common practice in the internet age.
WhatsApp is ubiquitous in India with about 853 million users, according to World Population Review. Rivals such as Signal, Telegram and homegrown platforms like Koo exist, but none match in popularity.
Given its vast reach, WhatsApp and its parent company are among the global tech firms closely watched by India’s federal government which has, in recent years, tightened digital regulations and pushed platforms for greater accountability. — BBC
Mathew Masinge