Messaging app WhatsApp told the Delhi High Court on Friday that it is not forcing any user to accept the 2021 update in its privacy policy as it is not mandatory. It said users will have a choice to accept the new update or choose not to, and are free to delete their WhatsApp accounts any time.
Replying to a petition challenging the privacy policy of the app, WhatsApp submitted that users were not previously given the option to opt out of its privacy policies if they wanted to use the service.
The social messaging app also said that it is not under any legal obligation to provide such opt-outs to its users and added that the law permits companies to not provide their services to users who do not consent to their terms.
The company also said that such practices are commonly practiced by online platforms across the industry whenever they update their terms. The company also said that online platforms are often less transparent by simply implying consent through continued use of their service after a certain date, rather than prominently and clearly giving users control and choice, as WhatsApp did.
The company also submitted that such interference in the privacy update policy would “cripple” the internet-based applications and websites industry.
The messaging app also said that the petitioners’ allegations regarding the alleged disparity with European users are meritless. The company maintained that the 2021 update, which applies to users in India, also applies to most of WhatsApp’s users around the world, including in the US. On the different policy for WhatsApp’s users in the “European Region”, the social messaging app submitted that it is due to different rules and obligations in the European Regio
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