“Terms & Conditions”- we all have encountered these words whenever we have installed any new app or updated the existing one. Usually, we don’t pay any heed to such pop-ups but this time when WhatsApp come forward with its new policy update, each one of us is skeptic before taping on that “accept” button. In last few days, social media has been flooded with the mems regarding how WhatsApp will read all our personal texts owing to the new privacy policies of the app. But is the case so? And what are the other implications of this new privacy policies of the app?

WhatsApp is a free chat app purchased by Facebook in 2014. Originally, when the app was developed, the idea behind it was to have user-friendly, safe, encrypted chat application. Today, no matter whether you are 60-year old retired grandfather enjoying winters at the comfort of your village or 18-year old college student residing in a big city- WhatsApp is go to communication platform for each one of us. It has been so engrossed in our lives that it is hard to imagine a day without it, especially during Pandemic when situations like lockdown has forced us to connect virtually. Now in such a situation, if one gets message that WhatsApp has changed its Privacy Policy, it is a matter of concern.

Can WhatsApp read Personal Chat? – The answer is big NO! the chats between two individuals are still encrypted end to end and there is no change in that. But then the question is- if chats are safe what is changed? First, the reliability of WhatsApp has been increased on Facebook and company. Remember when tech-genius Zuckerberg announced in October 2020, that the data of Facebook Messenger, Instagram and WhatsApp will be integrated, under the 2021 new privacy policy this has been done. So as soon as the new terms are accepted, one allows WhatsApp royalty free, transferable license to use, reproduce and derive works from the data one upload, send etc.  To understand this, it is important to know how WhatsApp earn money. Do you remember, when last time you book an air ticket, and got PNR on phone. Well this is a one of the important product that is, WhatsApp Business API. For these services, WhatsApp charges money from businesses.  Now what is changed in the privacy policy of the WhatsApp is that now, it will share the data with that “Third Party Tool” which businesses use to communicate with its customers. To understand this, try to recollect when last time you have received YouTube video link and when you hit that play button, it started on WhatsApp screen only and you didn’t have to go to YouTube. Well that is possible with the help of some “third party tool” and now, due to this new policy the data will be shared by these “third party tool”.  Also information about one such as IP, Logs, the device information will be collected and may be shared with third party and/or Facebook and once shared their own privacy policies and terms will govern those data of users.  Along with this, the WhatsApp receives and share information from Facebook and company and uses it to understand, customize and market their products and services etc. This goes directly in contrast with what the company has assured back in 2014 when it was acquired by Facebook, that its goal is to know as less as possible. These updates in the terms and privacy policy makes it worse than before. The data of individuals are used by number of third parties and Facebook and its services. This situation is troublesome because once data is received by the companies, they can handle the data in whatever means, without notifying the user about their privacy policy. The other important issue is that the Facebook has given an ultimatum- deadline, i.e. accept the changes by February 8, 2021, or stop using the app altogether. This whole situation seems as WhatsApp is acting as a Dictator of chat app. So now the question is whether WhatsApp is right in acting as if it is the only platform? Well again NO! due to these updates many consumers have shifted to other platforms because of the anxiety regarding their privacy. To name a few other platforms – Threema, Telegram and the one which made headline in last few days because Elon Musk endorsed it- yes you guess right- Signal. 

This whole WhatsApp update situation has also highlighted one of the principle of business lectures- “every business is affected by its external factors- the PESTEL analysis”. The company is able to bring such arbitrary policy in India because the country lacks in Data Protection Law.  There is a bill but is hasn’t completed its journey to become an act, resulting in such chaotic situation. Whereas on the other hand, this same company does not interfere with data of the consumers of European Union owing to their strict Data Protection Policy- GDPR. It is high time, that the Government takes into the consideration this whole situation and make some stringent laws for the same. Right to Privacy has been recognized as Fundamental Right in justice K. S. Puttaswamy v. Union of India Judgment, and now it is time to concrete it by making a proper act to safeguard the privacy of citizens of this country.