TASK 2.

3
Write a note on new privacy
policy of Whatsapp in a
detailed manner, considering
the legal issues, factual
instances, and international
scenario and court decisions.
Also, compare the compliance
status of Twitter, LinkedIn,
Facebook, Live Law, Bar &
Bench etc. of Information
Technology (Intermediary
Guidelines and Digital Media
Ethics Code) Rules 2021.
New privacy policy of Whatsapp:

 The reason for the opposition to WhatsApp's privacy upgrade is because of

worries about user data collecting, as stated in its policy, which now
broadens the scope of data exchange between Whatsapp and Facebook, as
well as other third-party services. Though end-to-end encryption is still in
place, user data on Whatsapp might now be used to connect services to
Facebook and other Facebook firms.
 Furthermore, due to the strict General Data Protection Regulation in the
European Union, the update does not apply to the region. India, which lacks
comparable comprehensive data protection legislation, relies on the
Information Technology Act, 2000, and its provisions to regulate the use of
sensitive personal data (a subset of personal data), while the Personal Data
Protection Bill of 2019 remains dormant in Parliament. Because of, but not
limited to, a lack of main law and governmental regulatory authority, a small
scope, and low punishments, the current legal framework is insufficient to
handle the developing data privacy concerns. Therefore, we need to come
out with a more stringent Law on data protection so as to check and avoid
any kind of misuse of the users of the data by the firms like Whatsapp.
 The new privacy update is now being challenged in the Supreme Court and
the Delhi High Court, with claims made about discriminatory treatment of
Indian and European Whatsapp users, as well as how the policy violates the
fundamental right to private. In response to a case filed in the Delhi High
Court, Whatsapp declared that it would no longer postpone the
implementation of its privacy policies and that users were not being forced
to use the service, despite the fact that it is still the most extensively used
messaging app in India. The Central Government has contended in court
 that the update violates Indian information technology laws, and that the
Ministry of Electronics and Information Technology has directed Whatsapp
to withdraw the update as soon as possible because it jeopardizes the rights
and interests of Indian users by undermining informational privacy and data
security.
 Surprisingly, the Competition Commission of India (CCI) issued a suo moto
order to investigate if Whatsapp was abusing its dominant position in the
sector. The CCI highlighted in its order that past versions of WhatsApp's
privacy rules contained 'opt-out' provisions, which were not there in the
current update, and that the new version was 'take-it-or-leave-it' in nature. It
characterised WhatsApp's data collecting as expansive and disproportionate,
and stated that such data concentration and use created anti-competitive
issues in and of themselves. As a result, the CCI ordered a thorough inquiry
of WhatsApp's market position and influence. Whatsapp challenged the
jurisdiction of the CCI regarding this matter before Delhi High Court which
was duly rejected.

Compare and compliance status of Information Technology (Intermediary

Guidelines and Digital Media Ethics Code) Rules 2021:

S.NO. Company Name Compliance Status

1. Twitter Not fully complied i.e. in stage of
compliance after the Delhi High court
gave interim order against them i.e. Delhi
High Court had ordered twitter to comply
with the New IT Rules, 2021 ASAP.
2. LinkedIn Complied
3. Facebook Complied
 4. LiveLaw Challenged the Validity of New IT rules
before the Honorable High court of
Kerala. The Kerala High Court has asked
the concerned authorities not to take any
coercive action in case of Non-
compliance till further order of the
Honorable High Court of Kerala.
5. Bar & Bench Complied
6. Google Complied
7. Whatsapp Complied as of now but the appeal of the
company regarding the unconstitutionality
of new IT Rules, 2021 is pending before
the Delhi High Court.
8. Telegram Complied
9. Sharechat Complied
10. Koo Complied

Note: The majority of the companies listed above have complied with the new
Information Technology (Intermediary Guidelines and Digital Media Ethics Code)
Rules 2021. However, the majority of them have now filed a petition in various
High Courts, contending that the new IT rules are arbitrary in nature and give the
central government extensive “Executive Powers,” which are contrary to the
principles of a vibrant democracy in which power is distributed equally so that no
one can find themselves above the constitution of India, and that the new IT rules
violate the right to privacy which is guaranteed under article 14, 19, 21 of the
Constitution of India.