Mumbai: Telcos<\/a> have cited WhatsApp’s recent privacy policy changes as an example of how over-the-top (OTT<\/a>) communication players, or apps, have no obligation to ensure privacy of consumers, while underlining the need to regulate such entities to bring them on par with carriers which offer similar services but are bound by licence norms.
In a recent letter to telecom secretary Anshu Prakash, Cellular Operators Association of India (COAI) — the industry<\/a> body that represents telcos — further said that if the government is unable to bring communication apps under similar regulation as the carriers, then in order to ensure a level playing field with OTT communication players, the regulatory obligations on operators should be relaxed and new norms such as Traffic Management Practices (TMP) for net neutrality<\/a> should not be enforced.
Policy disparity pointed out <\/strong>
COAI, which represents telcos Reliance Jio<\/a>, Bharti Airtel<\/a> and Vodafone Idea<\/a>, said that apps don’t have any obligation to ensure privacy, while telcos need to adhere to strict conditions on confidentiality and protection of privacy of communication.
“Recent example of a proposal to change the privacy policy of users by WhatsApp clearly demonstrate that privacy of consumers is totally compromised, and OTTs can share complete data of users with any other company,” the industry body said.
The industry body also pointed out the disparity in security parameters between the two sets of players. For instance, telcos need to set up a Lawful Interception and Monitoring (LIM) system at a huge cost, and help agencies in tracing malicious calls, messages or communications transported through equipment and networks.
OTT players on the other hand are not required to set up any such LIM systems, COAI said. “Confidentiality and privacy of user data is not ensured as data centers are located outside the country... OTTs are not even providing encryption keys to security agencies. OTT communication services are being grossly misused by anti-social elements at present as there are no arrangements for monitoring.”
Carriers have cited examples around data privacy and lawful interception among several others to point out the absence of a level playing field. WhatsApp is at the heart of both the examples cited by telcos. The Facebook unit has been pushing back on the government’s demand to ensure traceability of origin of messages which incite violence and criminal activities.
More controversially, WhatsApp has been in the eye of a storm after recently telling its users that it was working on a new privacy policy, under which, for WhatsApp business chats, it could share limited user data, including phone number and location, with parent Facebook and other group companies. Following a user uproar and intervention by the government, WhatsApp said on January 15 that it was moving back the date on which people will be asked to review and accept the terms. The previous deadline was February 8.
The matter has reached the Supreme Court which on Monday issued notices and sought responses from WhatsApp, Facebook and the central government on the instant messaging app’s new privacy policy, which counts India as its largest market with over 400 million users.
“We want to be clear that the policy update does not affect the privacy of your messages with friends or family in any way,” WhatsApp highlighted its company's policies in response to ET's queries.
It further added the app has made significant product changes and worked with partners across civil society, engaged with relevant government authorities and other technology platforms to help address the harmful consequences of misinformation. “While there is no single action that can resolve the complex challenges contributing to misinformation, we are committed to helping do our part to ensure that WhatsApp continues to be a force for good in India.”
Facebook didn’t respond to ET’s emailed queries.
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