Lok Sabha Question No. 1581 (UNSTARRED), answered on 2021-02-10
Subject: Concerns on Amendments in Privacy Policy of WhatsApp
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Suresh Kodikunnil

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA UNSTARRED QUESTION NO. 1581

TO BE ANSWERED ON 10-02-2021

## CONCERNS  ON AMENDMENTS IN PRIVACY POLICY OF WHATSAPP

## 1581. SHRI KODIKUNNIL SURESH :

Will the Minister of Electronics and Information Technology be pleased to state:

- (a) whether the Government is aware of the concerns raised in the country regarding changes and amendments to the privacy policy of WhatsApp which is reposted to be detrimental to choice, autonomy and privacy rights of Indian citizens;
- (b) if so, the details thereof and the reaction of the Government thereto;
- (c) whether the Government has sought a response from WhatsApp in this regard and if so, the details thereof and the response received by the Government in this regard;
- (d) whether the Government is aware of the fact that large scale data is being shared between commercial  firms  from  and  of  users  of  WhatsApp  and  other  digital  communication platforms in violation of agreements to privacy;
- (e) if so, the details thereof and the reaction of the Government thereto; and
- (f)  the  steps  taken by the Government to protect the privacy of Indian users of such crossplatform centralized messaging and voice over IP service applications?

## ANSWER

## MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE)

(a) to (e): Ministry of Electronics & Information Technology (MeitY) took cognizance of the WhatsApp announcement of its new Privacy Policy stated to be applicable to Indian users from February 2021. To safeguard the interest of Indian users, Ministry of Electronics and Information Technology (MeitY) has asked WhatsApp to review the proposed privacy policy changes and also to explain the rationale of the same. WhatsApp has communicated that the messages sent by users in their private chats or in private groups continue to be end-to-end encrypted  and other persons or WhatsApp cannot access these messages.

(f):  Section 43A of the Information Technology (IT) Act, 2000 provides for safeguards for sensitive  personal  information  collected  by  a  body  corporate.  The  Information  Technology (Reasonable  security  practices  and  procedures  and  sensitive  personal  data  or  information) Rules,  2011  notified  under  this  section  defines  sensitive  personal  information  and  also mandate that body corporate must provide policy for privacy and disclosure of information, so that user is well aware of the type of personal data collected, purpose of collection and usage  of  such  information.  The  rules  also  specify  mode  of  collection  of  information, disclosure of information, transfer of information, etc.

Also  section  72A  of  the  IT  Act  provides  for  punishment  for  disclosure  of  information  in breach of the lawful contract.

The  centralized  messaging  and  voice-over-IP  service  applications  platforms  including WhatsApp, Facebook etc, for the user generated content made available on their platforms, are  intermediaries  as  defined  in  the  Information  Technology  (IT)  Act,  2000.  Accordingly, they have to observe due diligence prescribed by the Information Technology (Intermediaries Guidelines) Rules, 2011 notified under section 79 of IT Act, 2000. Further,  Government  has  already  moved  the  Personal  Data  Protection  Bill,  2019  in Parliament which is presently under the consideration of the Joint Parliamentary Committee formed by Lok Sabha. The Bill provides for safeguards of privacy and interests of the Indian citizens.

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