The petition was filed by Advocate Chaitanya Rohilla, through Advocate Manohar Lal. MediaNama has seen a copy of the petition.
- WhatsApp ‘take it or leave it’ approach is ‘browbeating’: Since users will have to agree to the updates policy to continue using the service beyond February 8, the petition contended that “this type of arbitrary behaviour and brow beating can not be accepted in a democracy and is completely ultravires and against the fundamental rights as enshrined in the Constitution Of India”.
- Takes away user choice: “WhatsApp through the Policy is clearly trying to share its users data to the parent company [Facebook],” the petition said, adding that other companies will eventually use that data to serve their “vested interests”.
- ‘Under Facebook’s constant surveillance’: “If WhatsApp is stating that it is now going to use the users data and share it with the largest social network in the world, which is embedded on every second website and collect data from there as well, the integration of this data will essentially mean that the user is perpetually under the surveillance of the Facebook group of companies,” the petition alleged.
“It is further submitted that the sharing of users’ data by WhatsApp to third parties and Facebook is in itself illegal because WhatsApp can only use the information for purposes that are reasonably linked to the purpose for which the information was given. A user who has signed up to WhatsApp because they want to communicate. Users’ provide their data to WhatsApp for this, whereas WhatsApp is using this data and sharing it with third-part services and Facebook to run their own businesses. It emphatically implies that the purpose that WhatsApp is using the information for is not reasonably connected to the purpose for which the user is giving that information to WhatsApp.” — from the petition
- Granular permissions for location: WhatsApp said it has optional features that require the collection of additional information. If users choose to not provide the information required for the functioning of those features, they will be unable to use it.
- Use of WhatsApp by businesses: Businesses on WhatsApp may share information about their interaction with regular users to the company. Additionally, the company alerts its users that content shared with business accounts could be accessible to third-party service providers as well.
More details here.