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WhatsApp Obtaining ‘Trick Consent’ On 2021 Privacy Policy”: Centre To Delhi High Court

In an additional counter affidavit filed before the Delhi High Court in the case against WhatsApp’s new privacy policy of 2021, the Central Government has informed the Delhi High Court that WhatsApp is indulging in obtaining “trick consent” from its users to accept its contested privacy policy of 2021. The centre has stated that this is being done by “pushing notifications” to users on the same. The centre has sought for an order restraining WhatsApp from sending such push notifications to the users. The government claimed that users who have not accepted the 2021 policy, are being bombarded with such notifications on a regular basis, with the overarching plan being to get the entire existing user base committed to the policy before the enactment of the Personal Data Protection (PDP) Bill – which will be the prevailing law on the subject. “Respondent No.2 (WhatsApp) has unleashed its digital prowess to the unsuspecting existing users and would like to force them to accept the updated 2021 privacy policy by flashing such notifications at a regular intervals. The game plan is very clear, i.e., to transfer the entire existing user base committed to updated 2021 privacy policy before the Personal Data Protection (PDP) Bill becomes the law,” the affidavit stated, calling for a thorough and detailed investigation on the subject.

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