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Centre Raises Concern Over WhatsApp Treating Indian Users Differently; Delhi HC Says Downloading App Not Mandatory

Challenging the new privacy policy of WhatsApp, the government said that this was a matter of concern for the government that Indian users were being "unilaterally" subjected to the change in the privacy policy. 

The Central government on Monday told the Delhi High Court that WhatsApp is treating Indian users differently from Europeans over opting out of its new privacy policy. Challenging the new privacy policy of WhatsApp, the government said that this was a matter of concern for the government that Indian users were being "unilaterally" subjected to the change in the privacy policy. 

ALSO READ | WhatsApp Policy Row: 'It's Voluntary, Use Some Other Platform', Delhi High Court

The government in its plea alleged that WhatsApp has put a “Damocles’ sword on its users” to accept its new privacy policy which scrutinises the personal profile of a user by 360 degree.

Additional Solicitor General (ASG) Chetan Sharma, appearing for the Central government, said, “the privacy policy offered by WhatsApp to its European users, specifically prohibition of any information shared with Facebook, while this provision is not present in the privacy policy offered to Indian citizens who form a very substantial part of WhatsApp user base”.

Meanwhile, Senior advocate Kapil Sibal, appearing for WhatsApp, told the court that the communication has been received regarding its new privacy policy and it is responding to the communication.

Hearing the arguments, the court said reiterated what it had said on January 18 that WhatsApp was a private app and it was not compulsory to download the apllication. 

ALSO READ | WhatsApp Policy Tweak: Government Tells Chat App To Withdraw 'Discriminatory' Policy For Indian Users

"It is a private app. Don't join it. It is a voluntary thing, don't accept it. Use some other app," the court reminded. The court also pointed out the 'terms and conditions' that we accept for most apps and said, "you would be surprised as to what all you are consenting to".  The court, thereafter, listed the matter for hearing on March 1.

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