WhatsApp has been under the radar for its new privacy guidelines since its announcements. The company had delayed the deadline to accept the guidelines by May 15, failing to which would lead the service to stop functioning properly. The Indian Ministry of Information and Technology (MeitY) had sent a notice to WhatsApp twice to withdraw the updated privacy policy and to give a 'satisfactory response' in seven days.
However, WhatsApp itself has now dragged the Indian government to court. The legal complaint by the company has been filed at Delhi High Court challenging the government's new regulations that come into effect starting May 26, 2021. So, what's does the lawsuit filing say? Following are the details:
Why Has WhatsApp Filed Legal Complaint Against the Indian Government?
The legal complaint filed by WhatsApp concerns the new regulations being imposed by the Indian government itself violates privacy rights as per India's constitution. With this new guideline in place, the social media companies would have to confirm the "first originator of information" if authorities demand so.
A report via Reuters suggests that the new privacy policy would require its parent company Facebook to break the privacy protection law in India. While WhatsApp like other social media platforms is required to reveal the original source, it would be difficult for the company to do so solely.
The end-to-end encryption is what stops the company from complying with this guideline. The publication wasn't able to confirm if the complaint has been filed by WhatsApp in Delhi High court or not. Also, WhatsApp spokesperson and other experts have refused to comment considering the sensitivity of this matter.
Will WhatsApp Win This Battle?
While the details on this case are yet to surface, WhatsApp has already got some expert backing. The new guidelines will impact the end-to-end encryption services. In fact, it is likely to put a full stop to such services. This is one of the biggest concerns related to privacy.
While WhatsApp has its own set of arguments to not adhere to the new IT guidelines, the Indian government also has been adamant about implementing the new changes. The developments and the outcome would be hard to guess. But, it seems that neither WhatsApp nor the government would back down easily.
Do We Really Need These Policies?
WhatsApp alone is not challenging the Indian government concerned over the new IT guidelines. Reports have been pouring in suggesting other pending court challenges on the policy in Delhi and other regions.
Until now, the government had allowed the protection of private and personal data unless there is some legal necessity. But, the new policy would mean overruling the previous privacy guidelines as the social media platforms would require presenting the source upfront.
We believe that a user's privacy is what needs to be addressed here. Not just the social media platforms but the government also needs to respect that space. A healthy policy that doesn't defy the required norms yet keep a user's privacy intact is what we need.
We agree that the government is trying to implement the new policy to better monitor and regulate these platforms. However, the new policy does impact the business and with the large sum invested by these brands, we don't want any steer aways.