A Delhi-based attorney, Chaitanya Rohilla, has filed a lawsuit against WhatsApp’s new privacy policy update with the Delhi Supreme Court. He argues that WhatsApp’s updated privacy policy and terms of use violate the right to privacy and compromise national security by “sharing, transferring and storing user data in another country”. The plea is due to be heard in court today, January 15th. WhatsApp changed its privacy policy in “the most arbitrary way, making it compulsory for its users to accept its terms and conditions, otherwise the accounts and services for that user would be terminated after February 8, 2021,” the petition said.

According to Rohilla, with the update, WhatsApp hangs a “sword of Damocles” over its users by asking them to accept the policy by February 8th.

Representative picture. Reuters

Through its petition, Rohilla emphasizes that the guideline removes the decision of users not to share data with other Facebook and other third-party apps. “This kind of arbitrary behavior and frowning is unacceptable in a democracy and is totally” ultra vires “(outside of its powers) and against fundamental rights as enshrined in the Indian Constitution,” he claimed in the petition.

The petition also asked for instructions to the Department of Electronics and Information Technology to ensure that Whatsapp does not share user data with Facebook or its related apps.

WhatsApp started earlier this month Introduction of in-app notifications informing users of an update in the terms of use and privacy policy. The notification read: “By tapping Agree, you accept the new terms and privacy policy, which will take effect on February 8, 2021.” This means that users must accept WhatsApp’s new privacy policy by February 8th in order to continue using the apps.

This notification sparked growing privacy concerns on the platform, especially after it became known that WhatsApp will share more user data with parent company Facebook. This sparked an online movement of users and critics who left WhatsApp behind and wanted to move to a more secure platform like Signal or Telegram.

In a blog recently shared by WhatsApp, the platform clarified that updating in politics is primarily intended for business accounts, and personal chats remain 100 percent fully encrypted.