WhatsApp’s new privacy policy will enable Facebook to perversely track users’ online behaviour

The primary change is that sharing of WhatsApp meta data with Facebook is mandatory. Facebook owns WhatsApp and Instagram, which means there will be three large ‘digital cameras’ on users

WhatsApp’s new privacy policy will enable Facebook to perversely track users’ online behaviour
user

Ashlin Mathew

The move by popular messaging app WhatsApp to update its privacy policy has seen many of its users flocking to other apps like Signal and Telegram. According to the guidelines issued by it, users have until February 8 to accept the new terms and conditions.

The new privacy policy details how the contacts, messages and other personal details of a person using WhatsApp would be shared with Facebook, the parent company of both WhatsApp and Instagram. There has always been data exchange between Facebook and WhatsApp across the world, except for users located in the European Union who can opt out of data sharing with Facebook.

While the messages will remain encrypted – meaning no third party can read them – what has changed is that Facebook will know who you are messaging, the time you are sending the message and for how long you have messaged. The messaging app shares account registration information (phone number), transaction data (for WhatsApp payments), service-related information, information on how you interact with others (including businesses), mobile device information, and IP address with Facebook, Instagram and its other affiliated companies. The App has begun to collect details on the device hardware too.

This has come after Facebook CEO Mark Zuckerberg’s address in 2019 where he highlighted “interoperability” between Facebook Messenger, Instagram and WhatsApp. Instagram’s Direct Messages and Facebook Messenger have been integrated. The company would like to integrate WhatsApp too.

“Earlier, it was not clear what data they were sharing. They key difference now is that they have come out in the open and have clearly stated that if you do not agree, you cannot use the platform. This is not how consent privacy policy works. India, Brazil and Indonesia are their largest markets,” said Shashank Mohan, a lawyer with a focus on technology policy. He is also the project manager with Centre for Communication Governance at NLU, Delhi.

In a release, WhatsApp spokesperson said, “To further increase transparency, we updated the privacy policy to describe that going forward businesses can choose to receive secure hosting services from our parent company Facebook to help manage their communications with their customers on WhatsApp. Though of course, it remains up to the user whether or not they want to message with a business on WhatsApp.”


This has come after Facebook CEO Mark Zuckerberg’s address in 2019 where he highlighted “interoperability” between Facebook Messenger, Instagram and WhatsApp. Instagram’s Direct Messages and Facebook Messenger have been integrated. The company would like to integrate WhatsApp too.

“Earlier, it was not clear what data they were sharing. They key difference now is that they have come out in the open and have clearly stated that if you do not agree, you cannot use the platform. This is not how consent privacy policy works. India, Brazil and Indonesia are their largest markets,” said Shashank Mohan, a lawyer with a focus on technology policy. He is also the project manager with Centre for Communication Governance at NLU, Delhi.

In a release, WhatsApp spokesperson said, “To further increase transparency, we updated the privacy policy to describe that going forward businesses can choose to receive secure hosting services from our parent company Facebook to help manage their communications with their customers on WhatsApp. Though of course, it remains up to the user whether or not they want to message with a business on WhatsApp.”

The troubling issue is that India does not have a data protection law, so no government authority can ensure what’s there in the privacy policy and whether what WhatsApp and Facebook are assuring is actually being implemented.

In WhatsApp Chief Operating Officer Matt Idema’s own words, “Instagram and Facebook are the storefront. WhatsApp is the cash register.”

“This means they are looking at a higher level of integration of your social graph with the data they have. In India, WhatsApp also has a paid feature where WhatsApp takes your bank account details. This is not happening in other parts of the world as only India has UPI-based payments. This is even more worrying,” contended Aravind.

But a user would not know how their data is being combined, aggregated and then being sold to people for targeting you with ads. “It is more than that. They are not gathering data to only sell you things; they sometimes even create desire. For instance, if you talk to a friend about not eating a certain type of cuisine, you begin to see recurring ads for that kind of food. It will spur a desire in you to order that kind of food or to cook it. That is dangerous as it is altering your behaviour,” added Gupta.

This also strays into political campaigning and advertising, an area with non-existent regulation in the country. “We know for a fact that political parties are the principal advertisers on social media. They spend an incredible amount of time and energy in not only creating organic posts though their supporters and IT Cells, but also through paid advertisement. So, it is really scary,” added Gupta.

While using Virtual Private Networks can help, the larger architecture of social media and digital communication is that of pervasive surveillance. The economic incentives are such that they have been created around generating outsized profits by capturing more and more personal data, which gives insights into a person’s behaviour and mental outlook, besides their financial capacity.


“They will use this data for micro-targetting users with ads, thereby increasing the amount of time they spend on the platform. It is a vicious cycle. They get to know you better, they keep you hooked. The longer you are there, the more data they can extract. They will then use that data to perfect their system to then serve you more media to keep you hooked more. In a world of social media addicts, social media companies are drug dealers,” said Gupta.

This is a threat to a private citizen because of the amount of data that Facebook is collecting. “There is no real escape. Everyone is talking about moving to Signal, but that is unlikely to happen. If there are 300 million Indians using WhatsApp, how many are really going to move to another application or Signal? The threat will increase as more Indians access internet,” added Mohan.

What is often not underlined enough is that when governments demand data of certain citizens from WhatsApp, Facebook gives them access to private personal data. “Your data is also only as safe as your device. In India, we have seen the authorities demand phones to gain access to information,” said Mohan.

He argued that as more such controversies around Facebook crop up, the more people will get informed. “It’s good for citizens to know what threat this can cause to their lives. That will also put pressure on private companies to change their practices,” added Mohan.

“If meaningful change has to happen, it will only come from high-handed regulation. Facebook has not been able to make these changes in the EU region because of various regulations there. This is also about the larger concept of consent in a digital space. We recommend that people read the privacy policies to understand the kind of data they are sharing,” said Mohan.

Even as WhatsApp has changed its policies, it has not been without resistance in India. The Confederation of All India Traders (CAIT) has written to Information and Technology Minister Ravi Shankar Prasad demanding restrictions on WhatsApp. CAIT said Facebook has more than 200 million users in India and enabling it to access data of every user can pose serious threat to not only the economy but even to the security of the country.

The ministry of electronics and information technology (Meity) is studying the new privacy policy. Several policy makers said new guidelines may be drafted to build in safeguards against such practices.

The Data Protection Bill, which curbs transfer of personal data outside the country, may come in conflict with WhatsApp’s new privacy policy. Currently the Bill is being examined by a parliamentary committee.

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