Find out Yourself
Find out Yourself - Is Your Privacy Intact, Secure and Protected
Securekal
13-Jan-2021Find out Yourself - Is Your Privacy Intact, Secure and Protected
Yes, find it yourself whether the statement is accurate and correct.
To do so, need to first understand what is "Consent"
#Consent"-important Privacy Principle #forms the crux of #privacy of any type of #data-#personalor #business or #financial.
#Consent" literally means "to agree to something / to allow something to happen". But under the law #consent" has little bit different meaning.
"Consent means any #freely given, #specific, #informedand #unambiguous indication of the person's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of #personaldatarelating to him or her, which means that #consent should be given without any implied conditions and it should not have more than 1 interpretation. Plus, options to reject the certain consent clauses and still continue to use the services and option to withdraw the given consent needs to be given --- As per European Data Protection Regulation - GDPR
Since India still doesn't have any Data Protection Regulation, we can refer back to the existing Laws which defines Consent. The most important law or Act is "Indian Contract Act" (ICA).
Section 13 of ICA defines consent as “when two parties entered into the contract there should agree upon the same thing in the same manner” there should be a meeting of minds between the two parties. If there is no consensus ad idem, meeting of minds, on the material terms of the contract, then such contact will be void.
Section 14 in furtherance of Section 13, defines free consent as consent which is not a result of any of the following
- Coercion(Section15)
- Undue Influence (Section 16)
- Fraud (Section 17)
- Misrepresentation (Section 18)
- Mistake (Section 20,21 and 22)
If the free Consent of either of the party is obtained from any of the following mentioned above then the contract entered between the two is voidable at the option of the aggrieved party.
Now you can yourselves evaluate WhatsApp Privacy Policy by asking 2 basic questions
- Is WhatsApp giving me a freely option to consent to privacy policy without any implied condition?
- Is WhatsApp Policy provides me an option to reject the clauses in the privacy policy or the entire privacy policy?
What’s the answer “A BIG NO”, right?