[Privacy Policy] Users free to stop using WhatsApp; no legal obligation to provide "opt outs": WhatsApp tells Delhi High Court

WhatsApp LLC has told the Delhi High Court that its Privacy update of 2021 is not “mandatory” in nature as it does not force any user to accept the same (Dr. Seema Singh v. Union of India). .Users are free to stop using WhatsApp and delete their accounts at any time, the messenger application submitted. .The Facebook-owned platform contended that the law permits companies to not provide services to users who did not consent to their terms, maintaining that it is under no legal obligation to provide “opt-outs” to its users, a common practice across the industry..WhatsApp further argued that any interference with its update would "cripple" the entire industry of internet-based applications and websites..In its preliminary affidavit filed before the High Court, WhatsApp highlighted that among other things, the right to collect user data was retained in the privacy policies of several companies including Microsoft, Zomato, Google, Zoom, Big Basket, Truecaller Koo, Republic World. .Privacy policies of various websites and applications providing public services, such as Aarogya Setu, IRCTC, BHIM etc, are also similar to that of WhatsApp, it was claimed. .At the same time, the manner in which WhatsApp sought consent from users was above and beyond industry practice, it was submitted. .The affidavit was filed on a PIL by Dr Seema Singh, Meghan and Vikram Singh seeking a direction to the Central government to order WhatsApp to either roll back the new privacy policy or provide an option for users to opt out..WhatsApp reiterated in the affidavit that its 2021 update does not affect the privacy of personal messages with friends and family in any way as a users’ personal messages continue to be protected by end-to-end encryption..The 2021 update does not expand WhatsApp’s ability to share data with Facebook either, it added..WhatsApp further asserted that the 2021 update would instead provide additional transparency to users with respect to how his/her information would be used. .It further clarified that the 2021 update is completely optional since the ultimately choice would be with the user on whether he/she wanted to chat with a business on WhatsApp..WhatsApp also challenged the maintainability of the writ petition filed under Article 226 on the ground that it seeks to interfere with its private contract with users..The Court was also urged to maintain judicial restraint as in view the Joint Parliamentary Committee deliberating over the Personal Data Protection Bill, 2019 since January 2020. .Hearing in the petition will take place on May 17. .In response to the same PIL, the Central government has claimed that the new update violated the Information Technology Rules of 2011 and WhatsApp may be restrained from implementing the new policy till the challenge to the validity of the policy is finally decided.