Supreme Court Rejects Plea to Ban WhatsApp: Should the Privacy Claims Raise Concerns?

On November 14, the Supreme Court of India rejected a public interest litigation that sought to have the Central Government...The post Supreme Court Rejects Plea to Ban WhatsApp: Should the Privacy Claims Raise Concerns? appeared first on MEDIANAMA.

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Explainer Briefly Slides On November 14, the Supreme Court of India rejected a public interest litigation that sought to have the Central Government prohibit WhatsApp’s operations due to its alleged non-compliance with orders from relevant authorities in the country, reported LiveLaw . The petition claimed that WhatsApp had refused to adhere to the new Information Technology (IT) Rules. Background The petitioner, Omanakuttan KG, had previously approached the Kerala High Court, urging it to direct the Central Government to ban WhatsApp if the platform failed to comply with orders from government authorities.

Omanakuttan filed the petition following WhatsApp’s move to challenge the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 , in the Delhi High Court. In June 2021, the Kerala High Court dismissed that PIL as “premature,” which led to the filing of the current PIL before the Supreme Court. In the Kerala High Court, the petitioner had argued that WhatsApp had contended before the Delhi High Court that it could not comply with the IT Rules, 2021, because its end-to-end encryption prevents tracing message origins, reported Bar and Bench.



However, the petitioner pointed out that WhatsApp’s own privacy policy indicates it stores users’ messages in certain cases and has access to contacts and other personal information. He further claimed that WhatsApp has access to battery level on devices, “which are a grave violation of the right to privacy.”, reported LiveLaw.

He further alleged that WhatsApp lacks adequate security, is detrimental to national interests, and harbors anti-social elements who spread fake news and harmful images, reported Bar and Bench. Does WhatsApp’s Data Collection and Storage Policy Violate Privacy Rights? The petitioner’s claims are partially accurate but not entirely precise. The platform challenged the “traceability” requirement under Rule 4(2) of the Information Technology Rules, 2021, arguing that it violates an individual’s right to privacy as established by the Supreme Court in KS Puttaswamy v.

Union of India. Can WhatsApp’s Access to Battery Life and Device Metrics Be Considered a Privacy Violation? WhatsApp can 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. WhatsApp, like many apps, can access various device metrics to facilitate proper functioning, such as battery life, storage space, and system health.

However, battery life data alone is generally not considered a privacy violation since it does not directly relate to personal or sensitive information like messages, contacts, or location. Read More:.