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On the Delhi HC asking Whatsapp to scrub user data

In a judgment on the 23rd of September, the Delhi High Court has held that users cannot demand that Whatsapp continue with its old terms of service, and choose to not share data with Facebook. The judgment says that 'it is not open to the users now to contend that "WhatsApp" shall be compelled to continue the same terms of service', in light of terms in past privacy policies. Whatsapp's Privacy Policy from 2012 states that users allow for transfer of their data to the United States of America; agree to the fact that terms and conditions can change and users imply consent by continuing to use the service; and that Whatsapp cannot control what happens to user data, in the event of a sale. This was a petition in response to a change of policy from Whatsapp. Our detailed comment on the changes in Whatsapp's Privacy policy is here. The court has also mentioned that users cannot seek refuge under Article 21 of the Constitution of India, (right to life and personal liberty) as a change in the privacy policy infringing the Right to Privacy guaranteed via this article, because "legal position regarding the existence of the fundamental right to privacy is yet to be authoritatively decided", and the case is awaiting a larger bench of the Supreme Court. The Delhi High Court has, however, done the following: 1. Whatsapp will have to completely delete information/data of those users who delete their Whatsapp account by 25th September 2016 (yesterday).…

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Founder @ MediaNama. TED Fellow. Asia21 Fellow @ Asia Society. Co-founder SaveTheInternet.in and Internet Freedom Foundation. Advisory board @ CyberBRICS

MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.

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