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WhatsApp's 'take it or leave it' privacy policy forces users into agreement: High Court

The high court dismissed WhatsApp and Facebook's appeals against an order dismissing their challenge to a Competition Commission of India (CCI) investigation into the instant messaging platform's updated privacy policy for 2021.
 

WhatsApps 'take it or leave it' privacy policy forces users into agreement: High Court - adt
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New Delhi, First Published Aug 26, 2022, 4:36 PM IST

The Delhi High Court ruled that WhatsApp's 2021 privacy policy forces its users to "take it or leave it," effectively forcing them into an agreement by providing a "mirage" of options and then sharing their sensitive data with its parent company Facebook.

The high court's decision came while dismissing WhatsApp and Facebook's appeals against an order rejecting their challenge to a Competition Commission of India (CCI) probe into the instant messaging platform's updated privacy policy for 2021.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad ruled that the single judge's April 22, 2021 order was well-reasoned and that the appeals lacked merit and substance to warrant this court's intervention.

The division bench issued the decision on Thursday, but it was not posted on the court's website until Friday.

The high court noted that WhatsApp, the instant messaging platform, is dominant in the Indian market for OTT (over-the-top) messaging apps via smartphones.

In April of last year, a single judge of the Supreme Court refused to stay the CCI's investigation into the petitions filed by WhatsApp LLC and Facebook Inc. – now Meta platforms.

Based on news reports, the CCI decided to investigate WhatsApp's updated privacy policy in January last year.

(With inputs from PTI)

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