Why India Needs Strong Private Policy Laws After The Whatsapp’s Policy Changes

WhatsApp’s Policy-Social media giant – WhatsApp recently announced its new data policy, essentially taking away the choices users have of whether or not they wish to share their data with other Facebook owned apps. The policy is set to hugely accommodate the interest of ad runners and other businesses. While personal chats remain encrypted, the other changes seen in the policy allows a fair deal of data transfer across group.

Practically, the whole world is using one of the many social media platforms owned by Facebook, mainly WhatsApp. India being the largest user base for WhatsApp round about 200 million users. India is sadly, caught between the devil and the deep sea, reason being, India’s data protection policy and law do not support individual privacy policy at large.

Contents  hide 

1 What does WhatsApp’s new data policy entail?

1.1 Role of GDPR[i]

1.2 How are the privacy and policy experts seeing this whole situation?

1.3 Is India’s Data Policy Protection Bill strong enough to protect data policy?

1.4 Personal Data Protection in India / Conclusion

1.5 Writer’s Analysis:

1.5.1 ‘Prevention is better than cure’

2 Reference

2.1 Related

What does WhatsApp’s new data policy entail?

• The new policy targets business interactions, transactions and other business- related features, which will allow WhatsApp and Facebook to support third party service providers.
• According to the new terms and conditions, WhatsApp is set to share transaction data, mobile device information, IP address and other data on how users interact with businesses on WhatsApp and with Facebook group companies, including Instagram.
• The policy also targets business interactions, business features that enable WhatsApp and Facebook to support third party service with advanced features such as analytics.
• Another key update is the user data. The services held by Facebook to be store as well as manage by their chats on WhatsApp would change.
• Those who do not accept the data policy will not be able to access the chats on the messaging platform and will not be able the use this platform from February.

This move has created a ruckus in the data privacy, cyber security, anti- trust and cyber security advocates, who have long warned

against data pooling among big tech companies and election campaigns.

As WhatsApp commerce remains its biggest bet in the country, Facebook has time and again seen India

as its biggest market for product innovation and investments.

Role of GDPR[i]

WhatsApp is bind by law to not share data with Facebook in the European region because it is a contravention of the previous GDPR act. This European regulation in the European Union law on data protection and privacy in the EU with its stringent frame work, helps

avoid breach of public data.

In the year 2017, the French[ii] data agency said, WhatsApp does not hold legal privileges to share user data under French law.

How are the privacy and policy experts seeing this whole situation?

• According to privacy experts, WhatsApp and Facebook are aiming to seek world domination in the market.
• According to Sairee Chahal, the founder and C.E.O. of Sheros[iii] – a community platform for women called the company callous and that the updates give here a shiver and a privacy nightmare.
• To Arghya Sengupta, Research director at Vidhi Centre for Legal Policy “Had data protection laws been in place, this issue would not have arise. Section 5 of the personal data protection bill, introduced by the Sri Krishna committee report says that
• you can only use the information for purposes link for which information was give. The European nations are safe from this change.

Union IT minister, Mr. Ravi Shankar Prasad[iv] said that the ministry of electronics and information [Meity] has finalised the much-anticipated personal data protection bill and the next required step is a cabinet approval before the bill goes to the parliament.

Is India’s Data Policy Protection Bill strong enough to protect data policy?

Data protection Bill, which is currently before a parliamentary committee, to examine some of its clauses to put curbs on transfer of personal data outside the country which may come in as a conflict with WhatsApp’s new privacy policy. The pressure is stepping up on the social media giant to store locally, especially the payments related to data

as there is an enormous need in India for Data Protection.

According to sources present in the government, the bill may be draft afresh to build in safeguards against such practices. Experts are of the opinion that the government will need to tackle the issues emanating from this, very

carefully in order to give full security benefits to the servers.

India’s lack of a data protection law and the absence of data protection need to be formed at the earliest.

Personal Data Protection in India / Conclusion

At the moment, India does not have a specific legislation enacted primarily for data protection. In addition, we have personal data covered under article 21 of the Indian Constitution which guarantees to every citizen, the

right to privacy as a fundamental right.

In India, Personal data is protect through indirect safeguards develop by the courts for the landmark case of Justice K.S. Puttaswani and another v/s Union of India.

Writer’s Analysis:

‘Prevention is better than cure’

A take it or leave it attitude imposed by the big tech like

WhatsApp is not going to serve any purpose. Violation to users rights especially related to policy is a punishable offence in the eyes of law.

As noted from India’s perspective, a strong and ethical data protection and privacy law is the need of the hour.

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Reference

[i]Nandani James, WhatsApp’s new privacy policy: Yet another reason why India needs data protection law, THEHINDUBUSINESSLINE.COM [ January 10^TH 2021 ] https://www.thehindubusinessline.com/info-tech/whatsapps-new-privacy-policy-yet-another-reason-why-india-needs-data-protection-law/article33542521.ece

[ii]MeghaMandavia, WhatsApp tweaks privacy policy to share more user data with Facebook, THE ECONOMIC TIMES. [ January 8^th 2021, 3:54 IST] https://economictimes.indiatimes.com/tech/technology/whatsapp-tweaks-privacy-policy-to-share-more-user-data-with-facebook/articleshow/80144280.cms

[iii]Romita Majumdar, Why India’s Industry And Privacy Experts Are Worry About WhatsApp’s New Privacy Policy? InC42.com. [ January 7^th 2021] https://inc42.com/features/why-industry-and-privacy-experts-are-worried-about-whatsapps-new-privacy-policy/

[iv]IANS, WhatsApp case proves India needs strong data protection law: Expert, NATIONAL HERALD, 27^th June 2019, 9:30 pm https://www.nationalheraldindia.com/national/whatsapp-case-proves-india-needs-strong-data-protection-law-expert