Supreme Court rejects request to ban WhatsApp: allegations and concerns

On November 14, the Supreme Court of India dismissed a public interest litigation seeking the Central Government to ban WhatsApp’s operations over its alleged failure to comply with orders from relevant authorities in the country. Live Law. The petition alleged that WhatsApp refused to comply with the new Information Technology (IT) Rules.

Background

The petitioner, Omanakuttan KG, had earlier approached the Kerala High Court, urging it to direct the Central Government to ban WhatsApp if the platform fails to comply with the orders of government officials.

umanakutan filed The petition was signed following WhatsApp’s move to challenge the Information Technology (Intermediary Guidelines and Digital Media Ethics Rules) Rules. 2021in the Delhi High Court.

Kerala High Court in June 2021 dismissed He stated that this PIL was “premature”, which led to the present PIL being filed in the Supreme Court.

In the Kerala High Court, the petitioner had argued before the Delhi High Court that WhatsApp would not comply with the IT Rules 2021 because end-to-end encryption prevents tracking of message sources. Bar and Bank.

However, the petitioner noted that WhatsApp’s own privacy policy indicates that it stores users’ messages and has access to contacts and other personal information in certain cases. He also claimed that WhatsApp was able to access the battery level on the devices and that this was “a serious violation of the right to privacy”. LiveLaw.

He also alleged that WhatsApp lacks adequate security, harms national interests and harbors anti-social elements that spread fake news and harmful images. Bar and Bank.

Advertisements

Does WhatsApp’s Data Collection and Storage Policy Violate Privacy Rights?

The petitioner’s allegations are partly true but not entirely conclusive.

• WhatsApp’s privacy policy shows We know that WhatsApp generally does not store messages on its servers after they are delivered. However, if a message cannot be delivered, WhatsApp may temporarily store it. Additionally, when users transmit media files (photos, videos), WhatsApp may store them for a short time for distribution purposes. This suggests that WhatsApp stores data in specific, temporary states rather than storing general messages.

• WhatsApp collects a range of user data such as profile pictures, billing data and metadata (operating system, language, IP address) and shares some of this information with Facebook. However, WhatsApp cannot access the actual content of the messages due to end-to-end encryption, which prevents the message content from being read or its source traced. The petitioner’s claim that WhatsApp has “access to his contacts and other information” is true in terms of metadata, profile data and other user data, but does not include the message content itself.

• WhatsApp cooperates With third-party providers for functions such as account verification and security, which includes sharing certain user information such as profile data and location. Although this is not directly related to the claim of the petition, it implies that some user data can be accessed by organizations other than WhatsApp.

The platform challenged the “traceability” requirement under Rule 4(2) of the Information Technology Rules, 2021, arguing that it violates the person’s right to privacy as laid down by the Supreme Court in 2020. K. S. Puttaswamy v. Union of India.

Can WhatsApp’s Access to Battery Life and Device Measurements Be Considered a Privacy Violation?

WhatsApp may access certain device information, including battery life, but whether this constitutes a privacy violation depends on how the data is used and whether it is disclosed to third parties.

Like many apps, WhatsApp can access various device metrics to facilitate proper operation, such as battery life, storage space, and system health. However, battery life data on its own is generally not considered a privacy violation because it does not directly relate to personal or sensitive information such as messages, contacts, or location.

Read more: